SOHNI RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE accused/applicant has preferred this bail application under section 439 of the Criminal Procedure Code for releasing him on regular bail in Crime no. 179/200 registered at Police Station jaijaipur, Distt. Janjgir-Chompa for offence punishable under Sections 376 and 452 of the IPC.

(2.) CASE of the prosecution is that on 9. 2. 2007 at about 12 noon when the parents of the prosecutrix were not at the residence and she was all alone at her residence, the accused/applicant came and committed rape on her. She disclosed this fact to her aunt on which she said that let her father come, therefore, they will inform him. Thereafter, the father of the prosecutrix came and he was informed accordingly. He convened a meeting of the Panchayat and on 1. 6. 2006, the Panchayat asked the accused/applicant that the applicant and the prosecutrix both belong to the same caste and the prosecutrix became pregnant, therefore he should keep her at his residence. The accused kept the prosecutrix at his residence for about 10 days, thereafter, he ousted her. Ultimately, on 13. 7. 2007, the matter was reported and the accused was arrested on 16. 7. 2007.

(3.) LEARNED counsel for the applicant argued that the prosecutrix and the accused are of same caste, the prosecutrix was a consenting party and the complaint was lodged against the accused after more than five months, only in order to implicate him in a false case. The applicant is in detention since 16. 7. 2007, thereby he is in detention for about 71/2 months, therefore, the applicant be released on regular bail.