Banna Ram vs State of Rajasthan

Jas Raj Chopra, J.—This bail application has been filed by the accused Banna Ram against whom it is alleged that he has attempted to commit a rape with Mst. Gita. Initially, it was reported by Mst. Gita on 27-8-86 to the police that the accused came to the place where she was grazing her she goats in jungle and tried to commit rape with her. He embraced her and tried to fell her down, but she goat herself released and tried to run away whereupon the accused tried to pull her clothes and in that process one of her lac bangle was broken. She cried for help whereupon one Mangta son of Bhanwaru, Mohanaram Jeth and Inderraj Jeth came running to her help. If they had not come, the accused would have committed rape with her. Thus, this was her initial person given in the FIR that only an attempt to commit rape was made with her and the police also registered a case u/s 354 read with Section 447 I.P.C. Her medical examination shows that she is habituated to sexual intercourse. No external injury was found on her body. How ever, later on, when she was examined u/s 164 Cr. PC before the Magistrate on 29-9-86. She deposed that the accused has actually raped her. Learned Sessions Judge, Merta, while relying on her latter version, has refused bail to the accused. Keeping in view her earlier version and statements of the eye witnesses, I am inclined to accept this bail application and order that if he furnishes a personal bond of Rs. 2,500/- (Rupees two thousand and five hundred only) together with one surety in the like amount to the satisfaction of learned Additional Sessions Judge, Nagaur, where the case is reported to have committed, he may be released on bail.