SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 170/2011 dated 16.06.2011, registered at Police Station, Manali, under Section 376 IPC.

(2.) IT has been stated that petitioner has been arrested on 16.06.2011 and since then he is in custody. It has been stated in the application that prosecutrix has alleged that accused made her to consume a liquid substance and thereafter she felt numbness in her limbs and she was unable to move. This statement indicates that liquid substance was having therapeutic properties which could be sedative causing hallucination. The allegation is that prosecutrix was subjected to sexual intercourse 2 -3 times. The medical report of the prosecutrix provides that hymen is intact admitting one finger with great difficulty. It has been stated that in this backdrop it is hard to accept that the prosecutrix was subjected to sexual intercourse. The prosecution story is highly improbable and suspicious.

(3.) THE status report has been filed. It has been stated that case has been registered on the application of prosecutrix, who came to Police Station on 16.06.2011 along with her mother. She has stated that Sher Singh 'Tantrik ' is her neighbour. On 12.06.2011, he met her near her residence at 5.00 p.m. The mother of the prosecutrix had shown her face to Sher Singh as she has white patches on her face. Sher Singh assured that with the help of knife and 'Mantras ', he would remove the white patches and asked prosecutrix to come to his residence 7.00 a.m. along with seven lemons. He told that the prosecutrix will have to stay there till