The seriousness of the offence and the strength of the evidence collected by the police can be decisive factors in the court's decision on a bail application.

1. - Heard.

1. Desh Raj, applicant, and Ishar Singh, co-accused, are alleged to have committed rape on a deaf and dumb girl Vimla, aged about 38 years. It was alleged that when Vimla was going to the fields to deliver meals to the members of the family, working at the field, two accused caught hold of her and took her to a field and committed rape upon her.

2. It was submitted the Ishwar Singh, co-accused, has already been granted bail by this court vide order dated 15.9.98 (S.B. Cr. Misc. Bail. App. No. 4251/98). It was further submitted that the case against the present applicant was not on different footing and that no signs of commission of the offence were found on the person of the ravished lady. It was further submitted that the father of the applicant has recently died and that in such circumstances bail be granted to the present applicant.

3. The application was opposed mainly on the ground that tire victim of the sexual assault by the applicant and his colleagues was a helpless deaf and dumb girl and that bail to Ishwar Singh, co-accused was obtained from this court by placing incorrect facts with regard to his age. It was further submitted that after the incident the deaf and dumb girl had identified her rapists by pointing at their houses and that one witness has also seen the two rapists running from the place of occurrence after the incident.

4. I have looked into the material placed before me. Bail to Ishwar Singh was granted by this Court mainly on the ground of his age, represented to be below 16 years. In support of such a contention a mark-sheet, issued by the Secondary Board of Education, Rajasthan, had been produced before the court and therein the date of birth of Ishwar Singh, co-accused, had been mentioned as 25.6.82. The applicant is not alleged to be a child as per provisions of Juvenile Justice Act.

5. Looking to the fact that a heinous offence was committed upon a deaf and dumb girl and that the evidence, collected by the police, prima-facie, incriminates the present applicant, I do not think that it is a fit case for granting bail to the present applicant.

6. The application is rejected.

7. Incidentally it has been brought to my notice that the correct age of Ishwar Singh, co-accused as reported by the head of his institution, is as 10.6.1980. This court, in its order dated 15.9.98 had proceed on the footing that the date of birth of Ishwar Singh, co-accused, was 25.6.82, as was reflected in the mark-sheet, produced before the court on behalf of the said applicant. In order to remove the confusion and to know the correct position, it is desirable that an inquiry be held as to how different dates of birth came to be entered into public record and which of the two document contained correct date of birth of Ishwar Singh, co-accused. The case file of Ishwar Singh, co-accused, shall, therefore, be mentioned in court and a notice shall be issued to him to produce the mark-sheet wherein his date of birth has been mentioned as 25.6.82. The certificate, issued by the Head Master, Govt. Secondary School Hameedpur, Tehsil Behror, Distt. Alwar, dated 25.9.98, as produced to-day before me on behalf of the prosecution, shall be retained and shall be placed on the file of Ishwar Singh, co-accused.

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