FAJRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This bail application has originated from F.I.R. No. 127 dated 15.4.1996 lodged by the complainant-victim with the police of Police Station Ferozepur Zhirka under Sections 376 and 506 of the Indian Penal Code, alleging therein that she was taken out by her father-in-law to Bhatpura for medical treatment. When she and her father-in-law reached Ferozepur Zhirka at 4 P.M., it was conveyed to her by the accused father-in-law that there was no conveyance for their village and that they had to stay at Village Jhimrewat. That village was never seen by her earlier. She followed her father-in-law and her father-in-law took her to a room and raped her after removing her salwar. After that she was taken to bus stand Ferozepur Zhirka wherefrom they proceeded towards Kansali in a Maruti car. She narrated the whole incident to her sister and father on 15.4.1996, who took her to the Police Station. The police swung into action and the investigation against the petitioner is being conducted. The petitioner was arrested on the very day i.e. 15.4.1996.

(2.) Heard the learned counsel for the parties and bestowed my thoughtful consideration over the record of the case.

(3.) Without discussing the merits of the case, it is found that the occurrence took place on 12.4.1996. If the complainant was raped by her father-in-law in a different village and they returned to the village on that very day why did not she reveal it to her husband who was living under the same roof with his father. She remained silent for four days and then lodged a report with the police and was medically examined. It is found that she did not receive any injury or abrasions on her private part or any other part of the body. She did not raise her voice while being raped, in different village in some house not described at all. All these facts can be taken into consideration by the trial court during the trial of the case. At the moment, it can be said that lodging of the report with the police four days after the occurrence is in itself a good ground that the petitioner is entitled to bail when there are no injuries, on the private part of the body of the victim, who has been put to rape by the accused. Hence, the accused petitioner is allowed bail in the sum of Rs. 20,000/- with one surety and the personal recognizance bond in the like amount to the satisfaction of Chief Judicial Magistrate, Gurgaon. However, the accused shall remain present with the police during investigation if, any, when called upon by the police in writing.