DILA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No.13/2012 dated29.3.2012, registered at Police Station, Chirgaon, Distt Shimla for offences punishable under Sections 376, 323, 506, 120(B)IPC and 3 (xii) of Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 ( for short Act).

(2.) It has been stated that petitioner has been falsely implicated by the prosecutrix that she has been raped by petitioner on 28.3.2012.

(3.) The petitioner is innocent. He has been implicated on the basis of fabricated story. It has been stated that on the relevant date the petitioner was talking to the wife of Gorkha Chowkidar of his neighbouring orchardist, The prosecutrix started interrupting in the talk when the petitioner was talking with the wife of chowkidar regarding potoato seeds. The petitioner asked the prosecutrix why she was interrupting the talk. She got irritated and altercation took place between the petitioner and prosecutrix. The prosecutrix later on falsely implicated the petitioner in the case.