CHHERING RINGCHEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In the present petition, petitioner is an accused in case registered in Police Station Brow, District Kullu H.P. under Ss. 376 and 506-A of Indian Penal Code (in short "IPC') vide FIR No. 58 of 2021, dtd. 24/7/2021.

(2.) Status report stands filed and record was also produced. As per prosecution story, on 24/7/2021 prosecutrix, along with her mother, had approached the police along with a written complaint, stating therein that she, daughter of late Bhaginar resident of village "A', District Kinnaur was residing in village Brow since last four years in a rented accommodation separate from her husband, who was resident of village Bayal and since then, she had been working as handloom weaver with accused Chhering Ringchen at village Thachva, P.O. Rampur near village Brow, whereas petitioner is permanent resident of village Sunnam, Tehsil Pooh, District Kinnaur and for about last one year, after extending false promise of second marriage, he had been violating her person in her rented accommodation at Brow and lastly, he violated her on 16/7/2021 and thereafter, he left for his village to Kinnaur and was refusing to perform second marriage with her. As per complaint, whenever victim refused to accede to desire of petitioner/accused, he used to extend threats to kill her. On the basis of aforesaid statement, FIR was registered. Victim was medically examined wherein Medical Officer had opined that there was no external injury, but, possibility of forcible recent intercourse could not be ruled out. However, he had not given final opinion for want of RFSL report.

(3.) As per status report, during investigation, petitioner was called in Police Station by contacting him on his mobile phone, who attended the Police Station on the same day i.e. 24/7/2021. As per prosecution, during interrogation, petitioner had disclosed that he was an agriculturist resident of village Sunnam, Tehsil Pooh, District Kinnaur and since 2015, at Thachva, he had established a Handloom industry where 34 years old victim was also doing weaving for two years and both of them were in contact of each other and since last one year, he and victim had been meeting with each other in quarter of victim and house of petitioner and about one week ago on 16/7/2021, he and victim had come from Kullu to Brow and had lived together during night and thereafter he had gone to his village in Kinnaur and as there was no network of Airtel in village, he could not contact the victim. Yesterday, his family, residing in Dakolam Rampur in rented accommodation, had informed on mobile phone of his brother that victim was going to lodge a complaint with police at Brow in District Kullu and on receiving that information, he had come back to Dakolam during night of 23/7/2021 and had attended the Police Station on 24/7/2021, when police had called him.