Full Judgment
M. Papanna, J.
1. Head Shri Jayadeep Pal, learned counsel appearing for petitioner and learned Additional Standing Counsel for State.
2. Seeking pre-trial release of petitioner on bail in G.R. Case No. 907 of 2003 subjudice before learned S.D.J.M.. Angul. present application under Section 439 Cr.P.C. is made on his behalf.
3. Prosecution case is that petitioner wrongfully restrained the victim, abused her. committed sexual assault on her and intimidated her criminally. On information of victim. Angul P.S. Case No. 64/2003 has been registered.
4. Learned counsel appearing for petitioner urges that petitioner is innocent of allegation. According to him it is a false case foisted against petitioner. That apart, no sign of injuries on her person nor in her private part has been noticed by Doctor who examined her on police requisition. He has reiteratedly canvassed for release of the petitioner from detention on the ground that hymen of the victim has been found intact even after alleged sexual assault. In support of his contention he has relied on (2003) 25 O.C.R. 633 *(Pratap Sahu v. State of Orissa). In the reported case this Court refused to accept allegation of the prosecutrix that rape was committed on her by the petitioner. In view of the fact that no injury was found on her private part and particularly when incident was first sexual intercourse in her life and was a complete one.
5. A perusal of Case Diary reveals that there is no corroboration to the incident of alleged rape. That apart, there is a delay of seven hours in lodging information in the Police Station after the alleged occurrence. I do not agree with him when he urges on the point of delay in lodging information in the Police Station.
6. Learned Counsel, Shri Pal, for the petitioner has drawn my attention to medical opinion enshrined in Modi's Book of Medical Jurisprudence and Toxicology regarding injuries that may be found in a nubile virgin after complete sexual intercourse. The same is quoted below :
'In nubile virgins the hymen, as a result of complete sexual intercourse is usually lacerated having one or more radiate tears (more so in posterior half) the edges of which are red, swollen and painful, and bleed on touching, if examined within a day or two after the act. These tears heal within five or six days, and after eight to ten days become shrunken and look like small tags to tissue. Frequent sexual intercourse and parturition completely destroy, the hymen, which is represented by several small tags of tissue, which are called carunculae hymenealis or myrtiformes.'
In the ease at hand, the victim was a virgin. The reason is obvious. She. for the first time, had sexual inter-course with petitioner as per her allegation. It was also a complete one. Her statement under Section 161 Cr.P.C. recorded by the I.O. shows that petitioner committed sexual assault on her forcibly. Therefore, in such a fact situation, her hymen is bound to be ruptured. But her hymen remained intact as per medical report inspite of alleged commission of offence with force.
7. I am required to adjudicate the present application for a limited purpose of granting petitioner pre-trial bail. In my considered view, this is a fit case to grant pre-trial bail to the petitioner.
8. In the result, the petitioner is directed to be released on bail on his furnishing bail bonds worth Rs. 10.000/- (Rupees ten thousand) with two solvent sureties each for the like amount to the satisfaction of the learned S.D.J.M.,Angul During trial, he shall appear in person before trial Court till final disposal of the case. That apart, he shall not tamper with evidence of any prosecution witness during trial. Violation of any of the conditions above mentioned entails cancellation of bail granted to him.
The learned trial Judge shall not be influenced by this order during trial.
Bail application is allowed.
Urgent certified copy of this order be granted on proper application.