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1999 Supreme(Raj) 1360

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.A.A.Khan, J.
Pappu - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 4056 of 1999.
Decided On : 31-08-1999

Advocates:
For the Applicant:S.K. Jain, Advocate.
For the Respondent: Rajesh Goswami, P.P.

The decision was based on the absence of evidence of recent sexual intercourse with the victim as indicated in the medical examination report.

Headnote:

Rape - Medical Examination Report - The court directed the release on bail of the accused based on the medical examination report of the alleged victim, which did not suggest recent sexual intercourse.

Fact of the Case:

The accused were alleged to have committed rape on Mst. Gulab Shah. The medical examination report did not suggest recent sexual intercourse with the victim.

Finding of the Court:

The court directed the release on bail of the accused based on the medical examination report, finding that there was nothing suggestive of recent sexual intercourse with the victim.

Issues: Alleged rape, medical examination report, bail application

Ratio Decidendi: The court's decision was influenced by the medical examination report, which did not indicate recent sexual intercourse with the victim, leading to the grant of bail to the accused.

Final Decision: The court allowed the application and directed the release on bail of the accused.

JUDGMENT

1. - Heard, the application and others are alleged to have committed rape on Mst. Gulab Shah. A reference was made to the medical examination report of the alleged ravished lady wherein the doctor has opined that threre was nothing suggestive of commission of recent sexual intercourse with Smt. Gulab Shah. The medical examination is stated to have been conducted shortly after the occurrence.

2. Looking to the facts and circumstances of the case it is directed that the applicants(s) Pappu son of Ramkishan accused in F.I.R. No. 150/99, P/s. Hindoli Distt. Bundi Vhall be released on bail on his furnishing one two sureties in the/amount of Rs. 5000/- each with personal bond(s) in the amount of Rs. 10,000/- to the/satisfaction of the concerned court.Application allowed.

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