MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This application has been filed under Section 439 of the Code of Criminal Procedure for granting bail to Mahender Singh (petitioner) in case F.I.R. No.21 dated 17.2.2006 under Sections 376/506 of the Indian Penal Code registered at Police Station Kosli, District Rewari.

(2.) This case was registered on the written complaint of Sarla Devi wife of Dharambir resident of Village Sahadat Nagar. She alleged in her complaint that on 15.2.2006, her husband Dharambir had gone to perform `Kanyadan' to Village Haroli.

(3.) Her mother-in-law Smt.Santro Devi and her son Avesh, aged about nine years, were sleeping in the `Baithak'. She alone went to the inner room of the house and slept there. The time was about 10/ 10.30 at night. She lit a lantern as the electric light went off. At that time, Mahender Singh (applicant) came and sat on her cot. She woke up. He asked her to remove her clothes, else he would kill her. She removed her clothes and Mahender Singh (applicant) took off his clothes and started committing rape on her. At that time, her husband Dharambir returned. On seeing him, Mahender Singh (applicant) took up his clothes and ran away. He was seen running away by Dharambir and Smt.Santro Devi. She narrated the occurrence to them and also to Sarla Devi wife of Karambir. Then after consultations of her her husband with Karambir and Yodhbir, report was lodged with the police.