AMAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) POLICE report has been filed. Investigating Officer, Head Constable, Subhash Chand of Police Station, Rohru has also produced the record. Heard.

(2.) THE present, as a matter of fact, is a case where the accused -petitioner after his arrest on 14.7.2012 in the case registered against him vide FIR No. 67 of 2012 in Police Station, Rohru, District Shimla under Sections 376 and 506 of Indian Penal Code is in judicial custody. The police has filed final report and charge also stands framed against him. The trial presently is at the stage of recording the prosecution evidence. Previously also, the petitioner has filed Cr. MP(M) No. 1127 of 2012 for grant of bail which was disposed of by a Co -Ordinate Bench of this Court vide order, Annexure P -1. The order reveals that the petitioner has been given the liberty to file appropriate application afresh either before the trial Court or before this Court after the statement of the prosecutrix is recorded. The trial Court is stated to have deferred the recording of her statement on the previous date may be on account of she having filed an application Annexure P -1/A under Section 321 Cr.P.C. for withdrawal of the case.