SADDAM Vs. STATE

JUDGEMENT

(1.) THIS petition is filed under Section 439 of Cr.P.C. seeking bail in Crime No. 105/2013 of Basavakalyan police station registered on 13.9.2013 for offence under Section 376 r/w 34 of IPC.

(2.) THE case is registered on the basis of the complaint of the victim. In the complaint it is stated that the victim is aged about 17 years and that on 9.9.2013 at about 1.00 p.m. when she was going to answer the nature's call near her house, the petitioner came and stood in front of her and expressed his desire to marry her since he has loving her. The victim resisted such act of the accused and warned him that she would attract the people of the village. At that time, the petitioner held the hands of the victim and took her to the dilapidated house of one Zilani Qureshi and thereafter held her hands tightly and kissed her and thereafter tried to remove her clothes. When she attempted to extricate herself from the clutches of the petitioner, the petitioner held his hand on her mouth and thereafter he removed the clothes of the victim and felled her down thereafter he slapped her. When the victim tried to scream, petitioner thrust the chudidar of the victim in her mouth and thereafter committed forcible sexual intercourse on her. Thereafter when she was trying to extricate herself from the clutches of the petitioner, villagers by name Rasheed Mousin and Taheer came near and at that time the petitioner ran away from the spot. Thereafter, the matter was informed to the mother of the victim. Subsequently case came to be registered. The medical evidence indicates that there was ruptured hymen on the person of the victim. The doctor has opined that intercourse has occurred on the victim and that there are scratches on her body. Vaginal swab has been taken by the medical officer and the same has been sent for chemical examination and chargesheet has been filed.

(3.) SRI S.S. Aspalli, learned H.C.G.P. on the other hand submits that C.Ws.4, 5 and 6 have categorically stated that when they arrived at the scene of occurrence, petitioner was running and that the victim was found present at the scene of occurrence. He also submits that medical evidence has established the commission of sexual intercourse on the victim. The victim is below 18 years of age and hence he submits that at this stage the petitioner is not entitled for bail.