FARIYAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case registered vide FIR No.97 dated 31.8.2018 under Sections 328, 376-D, 452, 120-B of Indian Penal Code, 1860 registered at Police Station Women, District Panipat.

(2.) The FIR was lodged at the instance of victim wherein it has been alleged that when on the intervening night of 30/31.8.2018 she was sleeping along with other members of her family then suddenly Polla (petitioner), Avesh and Masrula, of their village entered into their house and made her smell some intoxicating substance and took her to another room, where they committed rape upon her and also clicked her photographs. It is further alleged therein that subsequently she became unconscious and upon regaining consciousness she disclosed about the incident to other members of her family.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that the falsity of the case would be evident from the fact that when the statement of prosecutrix was recorded in terms of 164 Cr.P.C. she did not state in unambiguous terms that she had been raped and simply stated that accused had misbehaved with her.