NAVNEET KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The Petitioner was arrested in FIR No. 279 of 2009, registered in Police Station, Manali, under Sections 342, 376, 506, 120B of the Indian Penal Code. His bail was rejected by the Court of Sessions, as such, he approached this Court under Section 439 of the Code of Criminal Procedure for the grant of his bail.

(2.) Precisely, the case of the prosecution is that the prosecutrix is a married woman, aged about 30 years and is having two school going children. On 9th October, 2009 her husband had gone to village Duara to mourn the death of a relative and she was alone with her children in the house. Around 9.30 PM when she came out to pass the urine, she was caught hold by the Petitioner and was dragged to a room on the ground floor, the lock of which was already broken by the accused earlier. The Petitioner committed the rape on her. The aunt of the Petitioner Smt. Rami Devi, her neighbour, came there. She closed the door of the room and bolted from outside. After about 20 minutes, she opened the door and the Petitioner fled away from the spot. When her husband returned, she complained to him and reported the matter on the next day to the police.

(3.) The prosecutrix was got examined. Her vaginal swabs were taken and sent for the forensic examination. The Petitioner applied for anticipatory bail, which was dismissed. Rami Devi was also made a co-accused in this case. She was also arrested, but granted bail. The Petitioner was arrested on 22nd October, 2009. He was medically examined. His pubic hair and underwear were also sent for forensic examination.