LAWS(CHH)-2014-10-48

POONAM Vs. STATE OF C.G.

Decided On October 10, 2014
POONAM Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) Heard. The applicant has been arrested on 15/08/14 in connection with Crime No. 563/14 registered at police station - Out post Padmanabhpur, Durg of P.S. Kotwali, Durg, District - Durg for alleged commission of offence under Section 343, 376, 511, 323, 506, 34 of IPC.

(2.) Case of the prosecution is that the husband of the applicant attempted to commit rape on the prosecutrix and the applicant did not save the prosecutrix nor rescued her from such an attempt of commission of rape on prosecutrix. It is also alleged that the prosecutrix was kept in wrongful confinement by the applicant and her husband in the house.

(3.) Learned counsel for the applicant submits that the allegation against the applicant are not only false but highly improbable. The main allegations are on the husband and not on the applicant and it is most improbable that the wife of the co-accused would support any such act. It is further submitted that the applicant is in jail since 15/08/14 and a substantial part of investigation is over and there is no need to keep the applicant in detention. He further submits that the other offences are bailable in nature.