DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks regular bail under Section 439 Cr.P.C in case bearing FIR No.27 dated 24.02.2020 registered under Sections 323, 376, 384, 457, 506 IPC at Police Station Women Ballabhgarh, District Faridabad.

(2.) Fir was registered by the complainant with the allegations that the complainant runs a ladies make-up and confectionary shop in her house. Petitioner is residing in front of the house of the complainant and used to visit her shop. On 08.11.2019, the complainant and her two children were alone at her house as her husband had gone to UP. On that night, the petitioner trespassed into the house of the complainant and by putting something on her neck, took some obscene photographs after putting up her clothes and also prepared videos in his phone. Petitioner raped her against her wishes and ran away. The complainant was scared, therefore, she did not make any noise, nor tell to anyone. Next day, the petitioner came to the shop of the complainant and asked the complainant to give Rs.30,000/- under the threat of making the photographs viral. Under the fear, the complainant gave Rs.30,000/- to the petitioner.The husband of the complainant got to know about the said money. Husband of the complainant and other family members asked the petitioner and his father to return the money. On 18.02.2020, father of the petitioner returned the money in the presence of Panchayat. On 20.02.2020, the petitioner came to the house of the complainant and threatened and abused her. When the complainant resisted, the petitioner gave slaps and fist blows to her and he again demanded Rs.2 lacs from her. Thereafter, the petitioner went away. The complainant consumed some poisonous substance due to fear of defamation. After some time, she started vomiting. Her husband took her to hospital and got her admitted for treatment. Complainant has further alleged that the mother of the petitioner and his wife also abused her. FIR was registered on 24.02.2020 in respect of occurrence dated 08.11.2019 as well as in respect of occurrence dated 20.02.2020.

(3.) Learned counsel for the petitioner submitted that there is an unexplained delay of more than three months in lodging the FIR. Complainant is a married lady. The factum of consuming poisonous substance and inflicting injury on her person have been belied by the medical report. Complainant left the hospital against medical advice. Complainant was admitted in various hospitals. She was admitted in B.K. Hospital, Faridabad on 20.02.2020. As per discharge summary, she was referred to higher centre for further management after doing gastric lavage. Thereafter, she was admitted in Zenith Hospital on 20.02.2020 itself with the history of ingestion of some unknown substance at home on 20.02.2020. She was hospitalized as a case of suspected poisoning. She left the hospital against medical advice (LAMA) on 21.02.2020. Doctor could not mention her condition at the time of her discharge except to show 'LAMA'. Thereafter, she was taken to Civil Hospital, Faridabad on 23.02.2020. She absconded from the hospital on 27.02.2020 and the doctor mentioned in the column of discharge as 'abscond'.