SUMAN, CHANCHLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these petitions under Sec. 439 of the Code of Criminal Procedure preferred by the petitioners/accused (hereafter referred to as 'the accused persons') for grant of bail in case FIR No. 137/04 dated 25.7.2004 under Sections 363, 366-A, 376, 342, 506 read with Sec. 34 of the Indian Penal Code, registered at Police Station, Gagret, arise out the same F.I.R., therefore, are being disposed of by this common order.

(2.) Prosecution case is that the prosecutrix, aged about 16 years, resides with her mother in village Tatehda. Her mother was beaten up by one Suman Kumari of the same village and the occurrence was reported to the police by the mother of the prosecutrix. On 20.7.2004 the accused persons came to the house of the prosecutrix in a vehicle driven by Papa @ Parminder Singh. They were accompanied by one Rockey @ Stainder Singh. The accused assured the mother of the prosecutrix that they would recommend her case to the officers. While returning accused Suman distantly related as Chachi to the prosecutrix, requested the mother of the prosecutrix to send the prosecutrix with her. On this younger brother of the prosecutrix, namely, Asgar also got ready to go with the prosecutrix.

(3.) Ultimately, the prosecutrix and her brother accompanied with accused persons in the said vehicle. Accused Suman alighted from the vehicle at Thathal whereas accused Chanchla took the prosecutrix and her brother with her to Amb. Leaving the vehicle, Parminder and brother of the prosecutrix there, accused Satinder Singh and Chanchla took the prosecutrix on a motorcycle to Jawalaji where one Sanju was already standing at the Adda. He arranged an Auto Rickshaw wherein the prosecutrix and Chanchla travelled for a distance of about 15 kms. and then after covering some distance on foot they reached in a house. Sanju broke the lock of one room and they entered the said room alongwith Satinder was following them on the motorcycle. The said house according to Sanju belonged to his sister. In the said house during night initially accused Satinder Singh raped the prosecutrix thrice and then accused Sanju also committed rape on her. On 21.7.2004 the prosecutrix and Rockey on a motorcycle and accused Chanchla and Sanju in a Bus returned to Jawalaji from where accused Satinder Singh went away on his motorcycle and the prosecutrix, Sanju and accused Chanchla went to Dhalyara by a bus. At Dhalyara accused Chanchla contacted someone on a telephone and informed the prosecutrix that a Police Officer of Nadaun had been called by her to Kinnu where she would speak to him about the case of her mother. Thereafter the prosecutrix and accused Chanchla went to Kinnu by a Bus. At Kinnu one Scooterist appeared on the scene and accused Chanchla informed the prosecutrix that he was the concerned Police Officer. On his scooter all the three travelled to a distance of about 2 or 3 kms. where they took meals at a Dhaba. Thereafter, they went to Hotel Kailash Parvat. There the prosecutrix was subjected to rape by the alleged Police Officer. Accused Chanchla recommended the case of the mother of the prosecutrix to that person and thereafter he went away.