JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition, filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), has been preferred for enlarging the petitioner on regular bail, in case FIR No.75 of 1989, registered under Section 376(2)(G) of the Indian Penal Code, in Police Station, Manali, District Kullu, Himachal Pradesh.

(2.) Status report stands filed, wherein it is stated that on 9.7.1989, victim got her statement recorded under Section 154 Cr.P.C., stating therein that on 8.7.1989, she, with permission of her mother, had gone to Manali market to purchase shoes, where she went to Star Video Parlour to watch a movie, where one Vijay, resident of Manali, was sitting on adjacent chair, who offered her to accompany him to Vashisht, which was refused by her, whereupon he started saying so many things and compelled her to come with him from Manali market to the road at Vashisht curve and thereafter he arranged a Taxi/Jeep and made her to sit in the Jeep by catching hold of her arm. Taxi was being driven by present petitioner and Ravi Prakash was sitting with him, and all of them took her to Solang Nala. Jeep was parked on the road and Vijay had taken her backside of big stones and violated her. Thereafter, when she was about to move, three other persons Sunil, Bittu and Neenu had come in another Taxi, who also committed sexual intercourse with her and because of fear she could not say anything and thereafter Tikkam Ram and one another person, namely Nanak Mahant, had also come there and she, considering them local persons, accompanied them and Vijay, Sunil and Bittu had gone in their Taxi towards Manali and Tikkam Ram, Raghu Mahant and petitioner Joginder Singh alias Munna, Ravi, Beenu, etc. took her towards Manali in Jeep and after parking the Jeep, she was taken in the dark area, away from the road and all of them had committed sexual intercourse with her and Tikkam Ram remained with her in the last but he had also left the spot, leaving her alone, and thereafter with great difficulty she reached home and disclosed the entire incident to her mother, whereafter, on the next day, she had come to the Police Station alongwith her parents to lodge FIR.

(3.) As per status report, on completion of investigation, challan was presented in the Court against Vijay Kumar, Bittu, Ravi Prakash, Chuni Lal and Raghubir Mahant, whereas Joginder Singh alias Munna (petitioner) and Neenu were declared proclaimed offenders. Ultimately, in Criminal Appeal No.264 of 2009, titled as State of Himachal Pradesh v. Raghubir Singh, this High Court, vide Judgment dated 2.3.2017, had convicted all five accused, with further direction to the police to file a challan against Joginder Singh alias Munna and Neenu, after searching them. Thereafter on 28.6.2017, at about 10 a.m., petitioner was arrested at Manali and was got identified from victim as a person who had committed rape with her on 8.7.1989. During investigation, petitioner had identified the spot of commission of offence.