VISHNU PANDIT Vs. STATE

JUDGEMENT

(1.) Petitioner is being prosecuted under Sections 366/376/342/506 read with Section 34 Indian Penal Code in FIR No.427/92 registered in PS Shahdara. He has filed the present petition for grant of bail.

(2.) The story of the prosecution is that on 12.11.1992 ASI Rami Chand of PS Shahdara on receipt of information through DD No. 33-A at about 6.5 AM that a serious quarrel/ altercation was going on in the Anjana Photostat Street, proceeded towards the side along with constable Dharam Pal. He reached Jaina Building near the office of MCD. There he found a PCR van, the prosecutrix Smt.Kamlesh Arya and her husband. Kamlesh Arya gave her statement to him to the following effect,

(3.) 3. The police also recorded the statement of her husband Swami Raj on the same day i.e. 12.11.1992 and he substantially corroborated the statement of his wife. He also narrated how Vishnu Pandit almost pressurised him to sit in his car when he was not willing to go with them and the manner in which his wife asked him to get down from the car and the way in which she was pushed inside the car. He also said that at that time the tape-recorder in the car was at a very high pitch. One of the servants of Vishnu Pandit also joined at the Jaina Building and all three of them then took them in the office of Vishnu Pandit on the first floor. Both of them entreated before Vishnu Pandit, but in vain. He also narrated how Vishnu Pandit undressed his wife in his presence and so on. The police also recorded the statement of her son Kailash Chand.