ARSHDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed present petition under Section 439 Cr.P.C. seeking regular bail in FIR No.75 dated 29.07.2019 under Section 376 IPC registered at Police Station Dera Baba Nanak, Tehsil Batala, District Gurdaspur.

(2.) The aforesaid FIR was registered on the statement of the prosecutrix, wherein she had stated that she is a married lady and has two daughters from the wedlock. Her husband is a truck driver. On 27.07.2019 at about 01.00 P.M., she was present at home alone. During this time, the petitioner entered her house and enquired about her husband. She told him that her husband had gone with his truck. Thereafter, the petitioner pushed her on bed and made her to inhale some intoxicant due to which she became unconscious. Taking advantage of her being unconscious, the petitioner committed rape upon her without her consent. In the meantime, her husband also came and on seeing him, the petitioner ran away from the spot. Her husband threw water on her face and she regained consciousness.

(3.) Learned counsel for the petitioner has argued that the prosecutrix is a married lady with two children and she is about 24 years of age, whereas the petitioner is about 21 years of age. There is no medical evidence so as to connect the petitioner with the offence allegedly committed by him. Nothing has come during investigation as to what intoxicant material was given to the prosecutrix. Even otherwise, the parents of the petitioner are HIV positive patients. The petitioner is in custody since 29.07.2019 and the prosecutrix-complainant has already been examined in the case.