ANIL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has petitioned this Court under Section 439 of the Code of Criminal Procedure praying for grant of bail. The petitioner is charged for offences under Sections 363, 366A, 376 read with Section 34 of the Indian Penal Code.

(2.) THE case is based on the statement of the prosecutrix alleging that she was a student of Government Middle School, Purani Mandi and now she has left study there and proceeded to complete her education from National Open School Tarna Podhi. On 10.7.2010 at around 6 P.M. when she had gone to Indira market bazaar, Mandi, Ronit resident of Mohaan Mohalla and Kartik who were in Alto car bearing No. HP -33 -2102 met her and they persuaded her to accompany them for a joy ride to Pandoh. She then states that Kartik proceeded to rape her in the car which was parked in a lonely place near Pandoh dam and at that time Ronit was standing outside the car. She also states that on 9.7.2010 Ranit had invited her to his house where she was forcibly subjected to sexual intercourse. She then states that these two persons talked on the phone and thereafter took her to Kullu in a car. On the way when they reached near Thalot at around 1 AM, one Maruti van No. HP -33B -2965 was parked there where there were two other persons. Both Ronit and Kartik pushed her in that van. There Gopal son of Nanak Chand paid Rs. 5000/ - to Ronit and Kartik. She was informed by Gopal that he will pay Rs. 15,000/ - to her at Manali, where she would stay with him in a hotel. He had come to pick up her from Manali. She then states that she was crying and shouting, but driver Tek Singh son of Bhoop Singh and Jeevan son of Hotam Ram started taking her towards Manali and Gopal started caressing/pressing her private parts. She kept crying and shouting for help and ultimately the police naka at Dhobhi Pull rescued her from their clutches.

(3.) THE learned Sessions Judge rejected the application of the petitioner herein on the ground that the petitioner had met the other three accused prior to the incident and that there was possibility that the accused had been sent by the applicant to bring this girl to Shingar hotel where the applicant was staying.