PRAVESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners, who are twins, have approached this Court under Sec. 438 of Code of Criminal Procedure (in short "Cr.PC) seeking bail in case FIR No. 42 of 2021, dtd. 20/4/2021, registered under Sec. 376 read with Sec. 34 of Indian Penal Code (in short "IPC') in Police Station Puruwala, District Sirmaur, H.P.

(2.) Status report stands filed and record was also produced. FIR in present case has been registered on the basis of complaint submitted by prosecutrix on 20/4/2021 in Police Station Puruwala stating therein that she had studied upto MA and was in job at Paonta Sahib but was residing in Rajban because her family had landed property there. According to complaint, she had met petitioner Parvinder Kumar in 2015 at Kafota for the first time and since then, she had been in talking terms, and Parvinder, disclosing that he is in Army, had promised her to marry her and during this period, whenever, he had come home on leave, he had been violating her person forcibly and last violation by him was 1- 1/2 years ago and thereafter he was on Army duty in Sudan wherefrom also, he had been contacting her through Whatsapp call and chat. According to complainant, Parvinder had disclosed her that they are twins and both are in Army and both will marry with one girl, but, she had refuted the said proposal but by taking advantage of such custom, petitioner Parvesh Kumar, twin brother of Parvinder, had also pressurized her to have telephonic talks with him and had also forcibly violated her in forest of Tilorghat. Lastly it was stated in complaint that since 2015 Parvinder Kumar had violated her 5/6 times after making false promise to marry and his brother Parvesh had also violated her after extending threats to her.

(3.) On the basis of aforesaid complaint, FIR was registered. Complainant was medically examined and her statement under Sec. 164 Cr.P.C. was also recorded before learned Additional Chief Judicial Magistrate, Paonta Sahib on 22/4/2021.