HARI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By this application the petitioner/accused (here -after referred to as "the accused") has prayed for his release on bail in case FIR No. 142 of 2000, dated 10.8.2000 under Section 376/506 of the Indian Penal Code, registered at Police Station, Joginder Nagar.

(2.) The application has been moved on the grounds that the accused has been falsely implicated in the case due to family rivalry, that he is innocent, there is no likelihood of his absconding if released on bail. The presecutrix in the case is stated to be major and the accused aged 45 years having three married issues and one unmarried daughter.

(3.) The case of the prosecution against the accused, in brief, is that the presecutrix was preparing meals some -time in December 1999 at about 12.15. p.m. in her kitchen room when she was all alone. The accused came there to return certain untensils. When the presecutrix went to the adjoining room to keep the untensils, the accused who is her uncle, followed her and over -powered her in the room and committed rape on her. On her protest, he threatened her to be eliminated along with her other family members. Thereafter, the accused further raped the presecutrix twice but due to the fear of the accused, she could not divulge the occurrence Jo any one. On 10.8.2000, on inquiries made by her mother about bulging of her abdomen, the presecutrix informed her mother about the occurrence and that she was having pregnancy of eight months. The matter was then reported to the police and investigation followed. On medical examination, the presecutrix was found pregnant, exposed to sexual intercourse, having pregnancy of 33 weeks and she had given birth to a female child on 25.8.2000.