HARMANJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Sec. 438 Cr.P.C seeking anticipatory bail.

(2.) In paragraph 23 of the bail petition, the accused declares that he has no criminal antecedents.

(3.) The victim, who is a working matured adult lady alleged that the petitioner slowly and steadily started making friendship with her and on one day took her to his home where he tried to establish sexual relationships with her. On her refusal, he played Anand Karaj Sahib from his mobile phone and placed the Gutka Sahib and took laavaan phere with her. He also applied vermillion on the parting line of my head. After that, he committed sexual intercourse with her. Later on, he resiled from the said marriage. The petitioner declared the victim to be his wife from that day onwards. Slowly and steadily he will reveal the factum of marriage and he asked her not to reveal it to anyone. The victim stated to the petitioner that she was very much afraid and is having headache. The petitioner gave her a medicine to stop headache. After giving the medicine, the petitioner hugged her and asked her to sit on the bed, when the victim refused to do so, he forcibly threw her on the bed and committed rape upon her. The victim said that she did not know anything about sex and he did it forcibly. When she raised cries, then the petitioner told her that none would hear her cries and nobody would come to rescue her. Because of the sexual act, she got marks and bruises all over her body. When she tried to run away, then the petitioner opened his turban and tied her with the bed and again committed rape upon her. When he would stop penetrating her from vagina, then he would start doing the same from her anus. She cried a lot but he did not stop. He stated that this is a normal relationship between husband and wife. He offered her water and assured her that nothing would go. He also touched her feet and declared that nothing would happen. He would marry her as and in front of everyone and then sent her back to her home. At that time, she was unable to walk. After reaching home, the victim noticed marks and bruises on her body and brought this fact to the notice of the petitioner. On the next day, the petitioner provided her a tablet for unwanted pregnancy which she took. After that day, he again continued to have sexual relationships with her. He stopped her to talk to anybody in the Court, where she was working. In case, she would talk to anybody then he would call her and abuse her. He kept on calling her and when she would refuse to come, then he blackmailed her under the protest that he would show her nude photographs and video to her father. Later on, she introduced the petitioner with her family members. There is no need to refer the further allegations in detail.