MOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused -petitioner (hereafter referred to as the accused) has preferred the present application under Section 439 of the Code of Criminal Procedure for grant of bail to him in case FIR No.29/2004 dated 26.1.2004 under Sections 376,506 of the Indian Penal Code and Section 3(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,:1989, registered at Police Station Boileauganj, Shimla.

(2.) Case of the prosecution against the accused in brief is that he is a Thakur by caste whereas the prosecutrix belongs to Koli, caste. About six months before the lodging of the FIR on 26.1.2004 when the prosecutrix was grazing her cattle in the jungle, the accused forcibly subjected the prosecutrix to sexual intercourse as he was possessed of a gun at that time. Even thereafter he committed rape on the prosecutrix twice or thrice and the prosecutrix could not disclose it because of fear as a result of the threats given by the accused. When the prosecutrix conceived and pregnancy became apparent, the prosecutrix disclosed the whole occurrence to her mother and the FIR was lodged and the investigation followed. The investigation in the case is more or less complete except that reports from the experts are being awaited. The accused is presently in judicial custody. The bail has been prayed for on the grounds of delay in filing the FIR, enmity and rivalry because of Panchayat elections and that the accused is innocent.

(3.) I have heard the learned Counsel for the accused and the learned Deputy Advocate General for the respondent -State and have also gone through the investigation records.