LAWS(HPH)-2012-1-65

THUMA RAM Vs. STATE OF HIMACHAL PRADESH

Decided On January 12, 2012
Thuma Ram Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 126 of 2011 dated 20.9.2011 registered at Police Station, Karsog, under Sections 376, 506 IPC.

(2.) IT has been stated that the petitioner is living in village Porla, Tehsil Karsog, he was married in January, 2005 and has got two sons. It has been stated that prosecutrix aged about 40 years is also resident of village Porla, she is unmarried and lives with her parents and brothers.

(3.) THE petitioner earns his livelihood by working as labourer. In August, 2011 he had gone to Kotkhai to earn his livelihood. He received information that prosecutrix had lodged false case against him. The prosecutrix in order to hide her own wrongs falsely implicated the petitioner. The brother of the prosecutrix arranged a Panchayat in the village for settlement of the dispute. The petitioner was not present in the Panchayat but his family members made it clear to the Panchayat that the petitioner was being implicated in the case on account of enmity.