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RAJENDRA PRAKASH SONI
Raju Singh S/o Sh. Devi Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. The prayer made in this bail petition filed under Section 439 of the Cr.P.C. (Section 483 new Code) is for grant of bail in connection with crime registered pursuant to First Information Report Number 074/2024 of Police Station Thanwla District Nagaur in respect of offence(s) punishable under Section(s) 376(2)(N) and 506 of I.P.C.
2. Let me give a very brief factual backdrop to understand the entire matter in the right perspective which is that prosecutrix Miss ‘M’ aged about 19 years filed a report stating that the petitioner Raju Singh harasses her daily over the phone and verbally abuses her at night after consuming alcohol. He visits the shop owned by the victim's father daily. Petitioner secretly made a video of the victim and threatened to make it viral saying that “Do as I say and come whenever I tell you or I will defame you.” He allegedly took the victim out of the village and raped her two or three times and has kept her picture and video on his mobile phone. After investigation, a charge sheet has been submitted but the trial has yet to begin.
3. Learned counsel representing petitioner has fervently argued that First Information Report regarding the incident has
The court established that in rape cases, the victim's consent cannot be presumed and delayed FIRs should not automatically cast doubt on the credibility of the victim.
In rape cases, especially involving minors, the gravity of the offense and prima facie evidence can outweigh delays in filing FIRs when considering bail.
The court emphasized that minor discrepancies in a victim's statements do not undermine the prosecution, and the gravity of sexual assault against minors requires careful consideration in bail applic....
The victim's inconsistent testimony and lack of corroborative evidence led to the acquittal of the accused, emphasizing the importance of reliable evidence in sexual assault cases.
The central legal point established in the judgment is that unexplained delay and discrepancies in the victim's deposition can raise doubts about the credibility of the prosecution's case, leading to....
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
The court ruled that the determination of consent in sexual assault cases is a matter for trial, and significant delays in lodging FIRs may raise suspicions but do not negate the victim's claims.
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