LAWS(HPH)-2012-7-14

DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On July 02, 2012
DINESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MP(M) No. 586 of 2012, Cr.MP(M) No. 587 of 2012 filed by Dinesh Kumar, Teetu respectively under Section 438 Cr.P.C. for releasing them on bail in FIR No.13/12 dated 29.3.2012 registered at Police Station, Chirgaon for offences under Sections 376, 506, 323, 120B IPC.

(2.) IT has been stated that on 29.3.2012, a case has been registered against one Dilraj Singh. The petitioners have come to know from their family members that police was searching them in the above case. Manoj Kumar co-accused had filed Cr.MP(M) No.547 of 2012 and has been granted anticipatory bail by the High Court on 25.6.2012.

(3.) THE status report has been filed in Cr.MP(M) No.586 of 2012. It has been stated that on 29.3.2012 prosecutrix came alongwith her mother in the police station. The prosecutrix has stated that on 28.3.2012 at 5 p.m., she had gone to collect fuel wood in the adjacent forest Chakwan. There she was cutting fuel wood, Dilraj Singh and three boys of village Kindari came there. They had consumed liquor. Dilraj was standing at a distance, three boys caught hold the prosecutrix, she cried, however, none responded to her cries. The three boys pulled and took prosecutrix to Dilraj and three boys left the place. Dilraj slept her twice and tore her shirt from neck. Dilraj forcibly opened her string and tore her salwar. The prosecutrix was laid on the ground and was forcibly raped.