S.B.CR. MISC. BAIL APPLICATION NO.2633/2008 (Babu Lal Vs. State of Rajasthan) DATE OF ORDER : 11/7/2008 HON'BLE MR.BHANWAROO KHAN, J. Mr.Firoz Khan, for the petitioner. Mr.S.K. Vyas, PP. Mr.Jitendra Ojha, for the complainant. The accused-petitioner Babu Lal is facing charge under Sections 376, 366, 368, 406 and 120-B IPC. The statement of prosecutrix under Section 164 Cr.P.C. was recorded in which she has specifically stated that it was Babu Lal who has also committed rape on her and he is also responsible for taking her away at different places alongwith Prema Ram, the main accused. Learned counsel pleaded that it was Prema Ram, who is responsible if at all for the commission of offence of rape with the prosecutrix, but the case of Babu Lal is not similar to that of Prema Ram because Babu Lal if at all has committed sexual inter-course with the prosecutrix then it is certainly with her consent. Therefore, no prima facie case under Section 376 IPC is made out against the accused-petitioner. The arguments is not at all sustainable. The prosecutrix specifically levelled allegation of rape against this accused-petitioner and his presence is also shown at different places alongiwth prosecutrix. Looking to the overall facts and circumstances of the case, the bail application filed under Section 439 Cr.P.C on behalf of petitioner-Babu Lal is rejected. (BHANWAROO KHAN)J. Rm/