1. - Heard, the learned counsel for the petitioner and the learned Public Prosecutor. The petitioner has prayed that the charge against the petitioner for the offence under Section 376 read with Section 109 IPC should be quashed.

2. The case in briefs is that, the prosecutrix Baby came to the residence of Shri Dungar Ram M. L. A. in the MLA quarters at Jaipur where on night time, one Rekharam committed rape with her. The allegation against the present petitioner is that he was standing outside and that he and others gave beating to her husband Dasrath Singh. In the FIR it has been mentioned that the present petitioner Manaram also entered the room in which the prosecutrix was sleeping with the intention to commit rape upon her. This story, given in the first information report has not been supported in the statement given under Sec. 161 Cr.P.C. and in the statement of the prosecutrix made under Section 164 Cr.P.C. but only allegation is that he was also standing with others and that he had taken liquor with Rekharam and her husband Dasrath Singh prior to the occurrence.

3. This is not a stage for appreciating the evidence which has been collected by the prosecution in this c