GURDIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.0076 dated 23.07.2019 under Sections 376(2)(n), 204, 328, 384, 506 IPC, registered at Women Police Station Sirsa, District Sirsa, Haryana.

(2.) The aforesaid FIR was registered at the behest of the prosecutrix. As per FIR, the petitioner is a Granthi in a Gurdwara in Guru Nanak Nagar, Khairpur, Sirsa and six months before registration of the case, the prosecutrix has told the petitioner that she is having some stomach pain to which the petitioner has suggested her some ayurvedic medicine. He took her to his room, where he gave her medicine by dissolving it in the water. Thereafter, she became unconscious. Petitioner unclothed her and committed rape upon her. However, when the prosecutrix gained unconsciousness, she opposed such wrong act and rather threatened that she will initiate action against him. Petitioner threatened her that he has already clicked nude photographs of the prosecutrix and in case she will create any noise, he will upload the photographs on internet and he will spoil her married life. The prosecutrix became helpless. Thereafter, he started blackmailing her and extracted money from her which includes Rs.30,000/-at one time and Rs.20,000/- at different time by blackmailing her. Fed-up with the blackmailing by the petitioner, the prosecutrix requested him to leave her. Thereafter, the petitioner told her(prosecutrix) that in case she wanted to get rid of him, she has to come to bus stand with Rs.3 lakh. Accordingly, the prosecutrix in order to get herself free from the petitioner came to the bus stand along with Rs.3 lakh. He took her to Chandigarh in the bus, where the accused stayed with the prosecutrix in a PG type hotel and did wrong things with her without her consent. He also extorted Rs.3 lakh and some gold jewellery worn by the prosecutrix i.e. one neck set, ear rings and two tops in forcible manner. The prosecutrix again asked him to give her photographs which were allegedly clicked by the petitioner, but instead of giving these photographs to the prosecutrix, he pushed her and asked her to run away from there. He rather threatened her that he will not give her photographs and in case she will open her mouth against the petitioner, he will kill her. Thereafter, the prosecutrix called her husband by taking phone from a Granthi of PGI Gurdwara, who informed the police and accordingly, the police reached at the spot and took her to Sirsa.

(3.) Learned counsel for the petitioner has argued that the petitioner is in custody since 23.07.2019. Petitioner is about 26 years of age, whereas the prosecutrix is around 45 years of age. The alleged incident has taken place at Chandigarh somewhere in June 2019, but there is no specific date and time on which the alleged rape was committed upon the prosecutrix. He further states that it is only on 24.07.2019, the prosecutrix got her statement recorded under Section 164 Cr.P.C, wherein she has stated that she was taken to Chandigarh on 11.06.2019, where rape was committed upon her in a hotel. She has not disclosed the name of any hotel. The medical conducted on the person of the prosecutrix nowhere supports the case of the prosecution that rape was ever committed upon the prosecutrix, as no injury was found on her person. The case was fixed for 17.12.2019 before the trial court for prosecution evidence, but the prosecutrix has not come forward to depose in the case and now the case is adjourned to 24.01.2020.