RAJESH MUKHIYAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned Additional Advocate General has placed on record the status report and Investigating Officer, ASI Shiv Kumar, Incharge, Police Post, Sanjauli, Police Station, Dhalli, Shimla has produced the record.

(2.) Heard.[3] The allegations, as disclosed against the accused-petitioner from the record are that on 28th June, 2013, he called the prosecutrix near State Bank of India, Sanjauli at the pretext of returning her photographs and also her Tata Photon Internet device he was having with him and had taken her in his vehicle (Scorpio) bearing registration No.HR-03K 4430 towards Sanjauli-Dhalli byepass road and subjected her to sexual intercourse near local bus-stand on the bye-pass road at Sanjauli. Thereafter, he drove the vehicle towards Mashobra side and not only administered beatings to her, but again assaulted her sexually without her consent. When she tried to shout, he threatened to kill her and also other members of her family as well as to upload her pictures with him on internet.

(3.) Having gone through the record and taking into consideration the submissions made on both sides, the prosecutrix admittedly was married to Dr. Atul somewhere in the year 2004. She is also a doctor and during her posting at Matiana, the accused, who belongs to nearby area, came in her contact in the year 2005 and allegedly proclaimed himself to be a divorcee. Later on, she also developed intimacy with him and divorced her husband. The record further reveals that she used to live with the accused-petitioner in his house and he was also frequently visiting her at Matiana, the place of her posting and living with her, of course, in an adulterous life being duly married and having his spouse surviving as well as one daughter. Nothing can be said at this stage as to how the relations of the accused-petitioner and prosecutrix became strained. However, the investigation conducted at this stage reveals that he had her photographs with him in his pen-drive and also her Tata Photon Internet device and started blackmailing her at the pretext of uploading her photographs in the internet and also on the demand of money.