G.M. LODHA, J.—This application under sec. 439 Cr.P.C. has been filed by one Chiman who has been arrested by the police authorities of Ajmer being required in case No. 93 of 1978, U/s. 376, 457, 363, 171 and 419 I.P.C. 2. The facts, in brief, giving rise to this case are that one Noor Banoo filed the report in police on 2-10-78. She alleged that she is residing in Mohalla Jhalra in Ajmer along with her brothers and mother. While they were sleeping in the night, two persons came, one of whom was in Khaki Dress and forcibly opened the door by giving a push saying that they were police people. They caught hold of his brother and gave him beating and then the second brother was caught in the same manner. It was then her turn and she was forcibly dragged out of the house. When her mother tried to resist, they said that they are taking her to police chowki. She was then dragged and later on taken out from Mohalla where one more person having police dress met them along with the boy. These four accused persons which includes the petitioner than detained her separately. 3. After giving details of the incident, she alleged that she was ultimately taken to a shop of icecream. In the night at about 2 or 2 30, these accused persons ravished her one after the other after making her naked forcibly. One of them committed sexual intercourse twice. One in the beginning and also after the other three had their turn. She cried but she was threatened that she would be killed and, therefore, she could not provide much resistance. It is also alleged that at the time she tried to cry, one of the accused persons forcibly put a piece of cloth in her mouth. 4. On the above allegations, accused Chiman being one of the four accused persons, has been arrested. Mst. Noora after recording of the first information, was interrogated and these accused persons were shown to her on which she said that accused Kishan, Chiman, Harak Bahadur and Dungar Singh a!ia3 Surat Singh were the persons who committed rape on her. She also described that first of all Kishan and thereafter Soorat Singh, then Harak Bahadur and then Chiman committed sexual intercourse with her forcibly. 5. The police has registered a case under secs. She also described that first of all Kishan and thereafter Soorat Singh, then Harak Bahadur and then Chiman committed sexual intercourse with her forcibly. 5. The police has registered a case under secs. 457, 363, 376, 171, and 419 I.P.C. Since the bail application has been rejected by the Sessions Judge, Ajmer, the petitioner has moved this application here. 6. Mr. Motwani appearing for the petitioner has urged that the story as given in the FIR is improbable and though it may be a case of immoral traffic, it cannot be a case of rape. He submitted a copy of the medical report to substantiate his allegation that the girl is not minor as she is in between 18 to 19 years of age and further that no marks of violence or injury were found on her person and the private parts. Mr. Motwani submits that in all probabilities, it appears that the woman might have voluntarily gone with the accused persons but when some police constable detected while coming back, she has come out with this false concocted and tell tale story of rape. Mr. Motwani also submits that the accused is about 17 years of age and this should be special consideration for granting the bail in this case. 7. Mr. Richpal Singh, learned public prosecutor has vehemently opposed the bail application. He submits that this is a case of heinous type where four accused have ravished one helpless girl, one after the other. Mr. Singh submits that the girl is a Bengali refugee and the offence assumes much serious dimensions when the poverty of the girl or her family and the fact that she was a refugee, is being exploited for satisfying the carnal lust by four accused persons at a time. He placed reliance upon Rao Harnarain vs. The State (1) in which Justice Tek Chand while considering the question of bail in what Mr. Singh terms, is an analogous case, deprecated the practice of granting bail by lower courts in such cases. 8. A submission was made in that case by the counsel for the accused that in that rape case the girl was a consenting party who surrendered her body to the three persons willingly and with the approval and at the bidding of her husband. 8. A submission was made in that case by the counsel for the accused that in that rape case the girl was a consenting party who surrendered her body to the three persons willingly and with the approval and at the bidding of her husband. The girl in that case was found to be 19 years of age and was married one and it was submitted by Mr. Chawla in that case that Rao Harnarain Singh and his guests were having a good time and had gathered there for a little bit of gaiety and enjoyment. Repelling these arguments Mr. Justice Tek Chand observed:— "I cannot accept the suggestion of S. Bhagat Singh Chawla that Kalu Ram, the husband of the girl, was a pander who had willingly agreed to minister to the baser passions of his clients. I cannot even persuade myself to the view that his wife was a dissolute young woman who willingly lent her body to her ravishers to gratify her own lustful propensities." Rejecting the theory of consent by a helpless woman placed as she was in that case, Justice Tekchand observed. "A mere act of helpless resignation in the face of inevitable compulsion, quiescence, non-resistance, or passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be deemed to be "consent* as under-stood in law. Consent, on the part of a woman as a defence to an allegation of rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge, of the significance and moral quality of the act, but after having freely exercised a choice between resistance and assent. Submission of her body under the influence of fear or terror is no consent. There is a difference between consent and submission. Every consent involves a submission but the converse does not follow and a mere act of submission does not involve consent. Consent of the girl in order to relieve an act of a criminal character, like rape, must be an act of reason, accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on each side, with the existing capacity and power to withdraw the assent according to ones will or pleasure. Consent of the girl in order to relieve an act of a criminal character, like rape, must be an act of reason, accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on each side, with the existing capacity and power to withdraw the assent according to ones will or pleasure. A woman is said to consent, only when she freely agrees to submit herself, while in free and unconstrained possession of her physical and morak power to act in a manner she wanted. Consent implies the exercise of a free and untrammelled right to forbid or withhold what is being consented to; it always is a voluntary and conscious acceptance of what is proposed to be done by another and concurred in by the former." 9. Mr. Richpal Singh on the basis of above observations of Justice Tek Chand, submits that the instant case is one of those cases where the helpless lady was forced to submit to sexual intercourse by four persons. One after the other who had proclaimed while forcibly opening the house that they were police walas and some of whom were having the Khaki dress. He submits that this is a heinous type of social offence and the fact that no marks of violence are found on her person, cannot negative the theory of allegation of use of force at this stage. Mr. Singh has also submitted that the case would have been different if there would have been one accused person and story as revealed by the girl of taking her from the house after pretending to be policewalas by the accused would not have been there. 10. I have considered the above submission of both the counsel and also perused the judgment of the lower court, F.I.R. and the medical report submitted by Mr. Motwani. It is not possible for me at this stage to accept the contention of improbabilities as submitted by Mr. Motwani. In order to consider a bail application under sec. 439 Cr.P.C. I have to presume unless something radically wrong is shown to the contrary that the facts as disclosed during investigation by the prosecutrix who is unfortunately ravished girl, are prima facie such which require consideration and cannot be brushed aside as false or untrue. Motwani. In order to consider a bail application under sec. 439 Cr.P.C. I have to presume unless something radically wrong is shown to the contrary that the facts as disclosed during investigation by the prosecutrix who is unfortunately ravished girl, are prima facie such which require consideration and cannot be brushed aside as false or untrue. It is rare that a girl comes with a story of this type by making complete concoctions although the possibility of some exaggeration and inaccuracies cannot be ruled out. 11. The present one is a case where as per submission of Mr. Motwani also the possibility of the accused persons having satisfied their brutal carnal lust one after the other at the same place and same time with the same girl who was made naked in helpless condition, cannot be ruled out though Mr. Motwani states it to be a case of consent. As per observations of Mr. Justice Tek Chand referred to above, prima facie a helpless act of submission placed in a situation of terror and compulsion, as narrated in this case, cannot be termed as the case of consent. 12. The most aggravating circumstance in this case is that four accused persons are alleged to have indulged in sexual intercourse one after the other and it is impossible to believe at this stage that a girl can be a willing party to such brutal and inhumane act of accused to satisfy their carnal lust. It is a case in which if found to be true, the accused acted worst than the beast and subject to the investigation and the trial of the case, which would be conducted unaffected by these observations of mine, the least which can be said is that such barbarian inhumane beastly conduct of the accused persons disentitle them to the grant of bail, which in such cases is otherwise also prohibited by law as offence of rape is punishable with imprisonment for life. 13. Such exploitation of poverty for sex in a country where majority live below poverty line, is also matter of concern both for courts and legislature. Even immoral traffic in women is an offence under our laws of the land. 14. Mr. Motwanis prayer that the boy is 17 years of age and his sub-mission for compassion on that ground is equally untenable. Even immoral traffic in women is an offence under our laws of the land. 14. Mr. Motwanis prayer that the boy is 17 years of age and his sub-mission for compassion on that ground is equally untenable. I have been unable to persuade myself to grant bail to the accused on this ground also because the lust for carnal satisfaction by acting in such inhumane barbaric manner cannot be allowed by putting premium on it by releasing the accused on bail at this stage of investigation. 15. The present story as per its narration in F.I.R amply proves how a man can act worst than a beast. Justice Iyer, in his inaugural address to the Conference on Criminology held at Jaipur on 2.9.1978 quoted Begnardshaw to have said once, "Birds have got seasons, even beasts have got seasons, but human beings have got no season". The accused acted in worst manner than animal and the (carnal lust and ogery of sex made them made. Chief Justice Wanchoo & Bafna) Rajasthan High Court, enhanced the sentence in similar case where three persons took a girl to Ratanada Racecourse, Jodhpur by trickery and committed sexual intercourse one after the other. The enhancement was made not only in sentence of imprisonment but by directing that they should be stripped in jail, under the Whipping Act, (10 strips each) Balmukan vs. The State (25). 16. The case would be different, if after the completion of the investigation receipt of the Chemical Analysts report or during the cross examination of the witnesses, the court comes to the conclusion prima facie that the story put up by the prosecution is not borne out or that some of the allegations made in it regarding the use of force, compulsion on the pretext of being policewalas for taking the girl are suffering from inexactitude or are wrong. It would be open to the accused then to move a fresh bail application if he is so advised. 17. In view of what I have stated above, and as I have already said, my observation would not effective the investigation or trial of the case, but it is certainly one of those cases where the accused has got no case for bail at all. 18. The bail application is, therefore, rejected.