SUKHDEV LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Sukhdev Lal @ Bitta, aged 44 years, an accused in FIR No.172 dated 10.12.2019 for the offences under Sections 376/354-A IPC, registered with Police Station Mahilpur, District Hoshiarpur.

(3.) Briefly stated, the facts of the case as per the prosecution story are that, FIR in this case was registered on the basis of written complaint submitted by complainant (name not being mentioned to conceal her identity and referred to as 'the complainant/the victim) resident of Mahilpur, District Hoshiarpur, a student of 10+2 class at Government senior Secondary School (Girls), Mahilpur, District Hoshiarpur. Inter alia, in the complaint submitted by the complainant addressed to SSP, Hoshiarpur against Sukhdev Lal @ Bitta (present petitioner), his wife Sita, the complainant stated that she used to take tuition from Sita wife of the petitioner and her husband, the petitioner used to make obscene gestures towards her and even touched her body parts; when the complainant objected, he would express regrets promising not to do so in future but he continued indulging in those acts. The complainant informed wife of petitioner, namely Sita in that regard but she asked the complainant that she would talk with her husband and complainant should not disclose anything to anybody. On 20.3.2019 while the complainant was alone at her house, then accused Sukhdev Lal @ Bitta having his house in the neighbourhood of house of complainant forcibly entered the house of the complainant and caught hold of her. When the complainant resisted, he tried to strangulate her and thereafter removed her clothes and had forcible sexual intercourse with her threatening that in case, she disclosed anything to anybody, then he would kill her and her family members. Thereafter, the petitioner had left. The complainant did not disclosed the incident to anybody out of fear. The petitioner/accused repeated acts many a times. The complainant had informed the wife of the petitioner but to no effect. On 29.3.2019 Sita wife of the petitioner called the complainant to her house stating that she would confront the petitioner in front of the complainant. When the complainant went to the house of accused, they asked her to sit besides them in a room. While the complainant was explaining the incident, the petitioner Sukhdev Lal @ Bitta again caught hold of the complainant in front of his wife Sita. Sita forcibly removed Salwar of the complainant, whereas Sukhdev Lal @ Bitta removed her shirt. Then on instigation of Sita, Sukhdev Lal @ Bitta committed rape upon the complainant. Sita prepared a video of such acts and clicked photographs. Thereafter, she slapped the complainant and thereatened her. The complainant went home and informed her father. Her parents left her in Ludhiana in the house of her maternal aunt. The accused kept threatening the family members of the complainant. The complainant returned home after some time. Ultimately, the police was informed by submitting the complaint in question. On the basis of such complaint, formal FIR was registered.