PREETI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking grant of regular bail in FIR No.1803 dated 15.09.2019 under Sections 323/328/376/506/120-B IPC registered at Police Station Shivaji Nagar, Gurugram.

(2.) Learned counsel for the petitioner pleads that petitioner/accused is a widow and real sister of prosecutrix. The allegation qua the petitioner is that at the time of occurrence, she was in a consensual relationship with her boy friend, who is the prime accused of committing an offence of rape upon the prosecutrix. It is alleged that the prime accused took advantage of the prosecutrix being alone at the relevant time and gave her some sedative pills. When she got unconscious, committed the alleged offence, leading to registration of FIR and his arrest subsequently.

(3.) Initially the role attributed to the petitioner was that when the prosecutrix complained about the incident to her sister (petitioner herein), instead of helping the prosecutrix, she on the contrary threatened her with dire consequences if she takes any legal recourse either qua the petitioner or the prime accused (her boy friend). However, later on while recording statement under Section 164 Cr.P.C, the prosecutrix alleged that her sister (petitioner herein) was the one who gave her sedative pills though, she was not present at the time of occurrence. After giving her the sedative pills, the petitioner is stated to have gone out, as she works as a house maid in the neighbourhood houses. Both the petitioner and the prime accused were arrested on 15.09.2019 and are stated to be in custody till date.