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2003 Supreme(Raj) 1126

HARBANS LAL
Rajeshwari – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:M.K. Kaushik, Advocate.
For the State: S.S. Rathore, PP.
For the Complainant:Hamendra Singh, Advocate.

JUDGMENT

1. - This application for cancellation of bail u/s. 439(2) Cr.P.C. seeks cancellation of bail order dated 12.4.2002 granting anticipatory bail to the non-petitioner Chhanga by the learned Addl. District & Sessions Judge, Deeg in Cr. Misc. Application No. 123/02 arising out of FIR No. 127/02 RS. Deeg for the offences u/ss. 323, 341, 354, 379 and 376 IPC.

2. The relevant facts are that a written report was lodged by Smt. Rajeshwari at RS. Deeg on 3.3.2002 to the effect that on 2.3.2002 at 5.00 p.m., she had gone to fetch water from the well, Chhanga, the accused came from the front and hugged her from behind. When she resisted, he caused injuries to her on her hands and back etc. On her crying, Mst. Meena came and rescued her. Non-petitioner Chhanga went away from there after snatching her silver chain. Thereafter she made another report on 5.3.2002 to the S.R Bharatpur wherein she stated that on 2.3.2002 at about 5.00 p.m. she had gone to fetch water from the well, the non-petitioner accused Chhanga emerged out of mustard field where he threw her on the ground and committed rape with her. She received abrasions on her feet. On her raising hue and cry Mst. Meena and Supriya c













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