ASHWANI KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner was arrested on 6th of September, 2009 in case FIR No.116 of 2009, registered on 6.9.2009, under Sections 376, 506 and 417 of the In-dian Penal Code in Police Station, Dharampur. He failed to get his bail from the Court of Sessions, as such, instant peti-tion under Section 439 of the Code of Crimi-nal Procedure has been moved.

(2.) In nut shell, the facts alleged are that the prosecutrix was independently working as a Computer Operator at Subathu. Way back in the year 2008 the petitioner re-quested her to load some software on his computer at his residence. She visited his place and in the presence of family mem-bers completed the jobs. Thereafter, the petitioner developed some intimacy with her and after some time, in the year 2009, peti-tioner again requested her to load some songs on his computer at his residence She agreed and went there. On that day none of the family members were present in the house. It is alleged that taking the benefit of loneliness the prosecutrix was sexually abused. Thereafter, the petitioner went on persuading the prosecutrix to marry him and finally she agreed for the proposal.

(3.) On 17th August, 2009 both of them appeared before the Sub Divisional Magis-trate, Solan and executed the affidavits in-tending to marry each other within a month. On the same day they applied to the Dis-trict Marriage Officer by moving a petition for marriage on which notice of one month was issued. In the meantime, the prosecu-trix as well as the petitioner had been mov-ing and staying together some times at Subathu, Dharampur in the hotels and also at Parwanoo in the house of Sohan Lai, the maternal Uncle of the petitioner because the parents of the petitioner did not accept their marrying each other as she was not able to provide dowry .