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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 10272/2023

Aasu Singh S/o Sohan Singh, Aged About 34 Years, R/o Chak 01

Cm (Nada), P.s. Pugal Dist. Bikaner.

(At Present Lodged In Central Jail, Bikaner).

----Petitioner

Versus

1.

State Of Rajasthan, Through PP

2.

Badri Ram S/o Budha Ram, B/c Meghwal, R/o Amarpura

At Present Nada 1 Cm, P.s. Pugal Dist. Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Lal Singh Rathore.

For Respondent(s)

:

Mr. Arun Kumar, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

26/09/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.100/2022 registered at Police Station Pugal, District

Bikaner, for offences under Sections 376(2)(n) IPC, Section

3/4(1), 5(J)(II)/6 of the POCSO Act and Sections 3(1)(w)(i) and

3(2)(V) of the SC/ST (Prevention of Atrocity) Act.

As per prosecution story, the minor prosecutrix who is a

feeble minded girl and also stammers while speaking, was

admitted to hospital on 27.09.2022, due to her ill health. On a

primary examination, the hospital authorities found that the

prosecutrix is having pregnancy of four-five months. As per

prosecution, father of the prosecutrix was told by his daughter

that about 4-5 months back, she was subjected to sexual assault-

rape by the present petitioner, however, in order to avoid

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humiliation in society and also keeping in mind the fact that the

minor prosecutrix is a feeble minded girl, the father of the

prosecutrix did not report the incident to the police.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel further submitted that the prosecutrix is a feeble minded

girl and therefore, her statements have be considered with caution

as she can be easily influenced by anyone. Learned counsel also

submitted that during the course of investigation, the prosecution

has obtained FSL report from State Forensic Science Laboratory,

Rajasthan dated 21.06.2023, according to which the DNA sample

of the petitioner did not match with that of the child bone by the

prosecutrix. Learned counsel lastly submitted that the petitioner is

in judicial custody since 29.09.2022; trial of the case is not likely

to be concluded soon and no, purpose would be served by keeping

the petitioner in incarceration for an indefinite period, therefore,

the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor vehemently opposed

the application for bail and submitted that the statements of the

prosecutrix have been recorded before competent criminal court

on 30.05.2023 as PW-1. Learned Public Prosecutor submitted that

since the prosecutrix is a feeble minded girl, her court statements

have been recorded in the presence of the officials of Child

Empowerment Department. The prosecutrix in her court

statement has maintained the allegation of sexual assault-rape

against the present petitioner. Learned Public Prosecutor

submitted that looking to the seriousness of the accusations

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levelled against present petitioner, he does not deserve to be

enlarged on bail.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The conclusion of the FSL report dated 21.06.2023 prepared

by State Forensic Science Laboratory, Rajasthan after obtaining

DNA samples of the accused-petitioner and prosecutrix’s child

reads as followed:-

“DESCRIPTION OF PACKETS/ EXHIBITS AND RESULTS

Following packets of the case were received in properly sealed condition, bearing seal

impression which tallied with the specimen seal sample forwarded.

Microsatelli