BIKRAM WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No. 13, dtd. 29/1/2019, under Sec. 307 IPC, registered at Police Station City Kapurthala, District Kapurthala.

(2.) The aforesaid FIR has been registered at the behest of the prosecutrix, who is about 31 years of age and her marriage had solemnized on 23/5/2010 with Anil Kapoor son of Gulshan Lal Kapoor. She gave birth to a son in the year 2011. As per the FIR, the prosecutrix was a teacher at Prem Jot Public Senior Secondary School, Ajit Nagar, Kapurthala and she had a love affairs with the petitioner, to whom she started making calls on telephone. In response thereto, the petitioner had also started calling her. The petitioner had offered to marry with her and the prosecutrix accordingly gave her consent. On 24/1/2019, when the prosecutrix had gone to school, the petitioner called her on telephone and asked her to come at Shani Mandir, near Shalamar Bagh. The prosecutrix had gone there on her Scooty where the petitioner met her. He took her on her Scooty to Village Mushakvaid at the house of his uncle Naili and introduced the victim that she is his sister-in-law. He took her in a room and committed rape upon her. Thereafter, after mortgaging her Scooty with his uncle Naili, the petitioner took the prosecutrix to Delhi by bus, with an intention to marry her. The petitioner told her that he will marry at Jodhpur and accordingly, he took the prosecutrix to Akash Hotel, Delhi, where he had sexual intercourse with her without her consent. When the prosecutrix protested for the same, the petitioner scratched at her neck with the finger nails of his hands and also pressed her neck and started saying that if she told this fact to anybody, then he will kill her. On the next day, she was taken to Jodhpur by train. There again, he had sexual intercourse with her without her consent. On 27/1/2019, after boarding the train, they reached Kapurthala where the whole incident was narrated by the prosecutrix to her in-laws family. The precise allegation is that the petitioner committed rape upon the prosecutrix. Learned counsel for the petitioner has argued that apart from the fact that the petitioner is in custody since 27/3/2019, the prosecutrix is a mature lady of 31/32 years of age, whereas the petitioner is about 21 years of age. She was already married, having a son and therefore, even if there were sexual relations with her, same were consensual, as throughout herjourney from Kapurthala to Delhi and Delhi to Jodhpur and again back to Kapurthala, she has not complained throughout. Otherwise, the trial Court has to ultimately settle the controversy. At the most the relations between the parties were consensual.

(3.) At this stage, learned counsel for the complainant has argued that the petitioner has sexually exploited the prosecutrix. He assured her to solemnize marriage with her and under the pretext of marriage, he established physical relations with her. The prosecutrix was threatened by the petitioner that he will make the relation public.