BAKSHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition, under Section 439 Cr.P.C., has been filed seeking regular bail in case FIR No. 292 of 2020, dated 25.8.2020, registered under Sections 452 and 376 IPC in Police Station Balh, District Mandi, H.P.

(2.) Status report stands filed, wherein it is stated that on 25.8.2020, victim/complainant had submitted a complaint personally in Police Station, stating therein that 19-20 years back, she has been married to a person, carpenter by occupation and they have begotten children out of wedlock; and a person namely Bakshi Ram (petitioner/accused), a resident of their village, had been forcing her to develop physical relation with him since 6-7 years and whenever and wherever on the path or in some function, marriage etc. he had been finding opportunity to meet her, he had been trying to violate her forcibly. But somehow she had been managing to save her. It is further stated that in night of 7.7.2020 at 12:00 o'clock, she had gone to attend call of nature in a toilet adjacent to her house, and at that time the said Bakshi Ram had entered her room and on her return to room he had forcibly overpowered her and violated her. By that time, her husband had come and had seen it and since then her relations with her husband are strained.

(3.) Admittedly, complaint, with respect to the alleged incident happened on 7.7.2020, has been made on 25.8.2020 i.e. after passing of about 1 1/2 months.