RAJESH DUGGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed present petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.97 dated 22.04.2018 under Sections 376 and 506 IPC registered at Police Station Tripuri, Patiala, District Patiala.

(2.) Learned counsel for the petitioner states that the aforesaid FIR was registered at the behest of the prosecutrix. The allegations against the petitioner are of commission of rape on the false promise of marriage with the prosecutrix. The petitioner is already married having two grown up children. The prosecutrix was married in the year 1997 and she is a divorcee having two children aged about 18 years and 15 years respectively at the time of registration of the FIR. As per the allegations, the petitioner and the prosecutrix were in relationship since the year 2015 and there is no such medical evidence to support the case of the prosecution that she was ever subjected to rape. The petitioner is in custody since 16.12.2018 and the trial is not likely to be concluded in near future as no witness has been examined in the case.

(3.) Learned State counsel, on instructions from ASI Balwinder Singh, has not disputed the fact that the petitioner is in custody since 16.12.2018. He submits that the prosecutrix had been asked repeatedly to get herself medico-legally examined, but she did not come forward to undergo such medical examination.