BABA SOHAN GIN Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner-accused (hereafter referred to as the accused) for grant of bail to him in case FIR No. 8/2004 dated 20/1/2004, under Sections 376/313/315/506 of the Indian Penal Code, registered at Police Station, Bharmour, District Chamba.

(2.) As per the police report, accusations against the accused are that the prosecutrix who was born in a family of Pujari of village temple of Mahadev is the resident of Village Ban. About 12 years before the accused started living in the said temple and within a few days cast such a spell on the prosecutrix who was then 15 or 16 years of age that she would not know as to when she used to go to the accused, what she used to do and as and when she used to regain consciousness she would be lying naked in the bed of the accused. Her father stopped her from going to the accused and within a month thereof he died. The attempts made by the prosecutrix to get rid of the accused resulted in his abusing and beating her but none from the village came forward to protect her. During the last 11 years, the accused impregnated the prosecutrix 7 times because of which she gave birth to four children and there were abortions thrice. None of the children so born survived. The prosecutrix was in a fix as to what to do and what not. Though the entire Illaqua of Bharmour knew as to how the accused was dealing with the prosecutrix but none was prepared to help her. On the contrary people used to blackmail her. In the year 2003, a boy came to the temple who used to treat the prosecutrix as his mother because of the impression that Mata Gauri speaks through her. The prosecutrix could not disclose her miseries to him because of the impression that as and when somebody had come forward to help her, he had died or had suffered immeasurable loss. The accused also used to impress her that they could not harm him because he was a Sidh. Once the said boy took the prosecutrix to his house where she narrated her miseries to him. When the accused came to know about it, the accused threatened to kill the prosecutrix. The matter was finally reported to the police and the investigation in the matter followed.

(3.) The accused earlier filed Cr.M.P. (M) No. 99 of 2004 in this Court for grant of anticipatory bail, which was dismissed on 17th March, 2004. At present, the investigation in the matter is complete and charge sheet against the accused has already been forwarded to the concerned Court on 5.7.2004. The accused is presently in judicial custody, hence, this petition.