SUSHIL AHMED 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. 97 of 2011 dated 7.7.2011 registered at Police Station, Amb, District Una, under Sections 452, 376, 323 IPC.

(2.) IT has been stated that allegations against the petitioner are that prosecutrix aged about 17 years alleged that on 6.7.2011 at about 6.00 p.m. she was alone in the house. The petitioner came to her house, she asked the petitioner for what purpose he had come but petitioner caught hold her and took her in a room where she was sexually assaulted. The prosecutrix got herself released from the clutches of the petitioner, she raised alarm, a few persons came there but the petitioner had fled. The prosecutrix narrated the incident to her parents, police came on 7.7.2011 at about 11.35 a.m. The petitioner was arrested on 7.7.2011 and since then he is in custody.

(3.) THE status report has been filed. It has been stated that on 7.7.2011 an information was received at Police Station, Amb at about 11.35 a.m. that some misdeed has been committed by a person, on this police came into action. The statement of prosecutrix was recorded under Section 154 Cr.P.C. The prosecutrix has stated that she was studying in +2, her father is a labourer. A boy Podu resides nearby. On 6.7.2011 at about 6.00 p.m. she was all alone in the house. Podu came in her house, she asked him why he had come. In the meantime, he caught hold of her from her right arm and pulled her in a room, bolted the door and committed forcible sexual intercourse against her wish. She opposed the forcible sexual intercourse, Podu gave a fist blow on her left eye. She raised alarm after releasing herself from him. Darshan Singh was standing nearby, Podu ran away.