PARVEZ MOHAMMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) This application under Section 438 Cr.P.C. has been presented by the petitioner -accused (hereafter referred to as the accused) for grant of anticipatory bail to him in case FIR No. 74/2001 dated 4.5.2001 under Sections 376, 493, 506 IPC registered at Police Station, Ghumarwin,

(2.) Case of the prosecution, in brief, is that Salma Bibi who was a student of 8th class in the year 1997 and was aged 14 years was subjected to forcible sexual inter -course by the accused and was threatened not to disclose the occurrence to anyone including her parents. Out of fear the prosecutrix did not disclose the occurrence to any one. Thereafter, for about a fortnight the accused absented from the village and on return started committing rape on the prosecutrix off and on and this process continued till February 2001. In the meanwhile, the prosecutrix got pregnant and her marriage was also fixed. The proposed marriage could not be solemnised against the aforesaid background and on refusal of the prospective bridegroom to marry her. The prosecutrix disclosed all the facts leading to her pregnancy to her parents and a local Panchayat was convened on the complaint of Kamal Deen father of the prosecutrix but the parents of the accused refused to accept the prosecutrix as their daughter -in -law. The matter thereafter was complained against by a complaint dated 30.4.2001 in the court of learned Chief Judicial Magistrate, Bilaspur who forwarded the complaint to the police for investigation under Section 156(3) of the Code of Criminal Procedure and as a consequence the aforesaid FIR came to be registered and presently the investigation in the matter is going on.

(3.) The accused has claimed bail on the ground that he is innocent and has been falsely implicated in the case at the instance of vested interests and that the prosecutrix is about 18 years of age and there was no complaint of such allegations against the petitioner till date and that when the would be in -laws of the prosecutrix came to know of the pregnancy they refused to accept the prosecutrix in the marriage and therefore a plan was hatched to name the petitioner as responsible for the pregnancy.