JEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Section 438 of the Code of Criminal Procedure has been filed by the petitioner for grant of bail in the event of his arrest in FIR No. 13/2014 registered on 31.03.2014, at Police Station, Shillai, District Sirmaur, under Sections 376 and 506 of the Indian Penal Code. The story of the prosecution as emerges from the status report is that the complainant/prosecutrix has alleged that the petitioner in the year 2007 had telephoned her expressing his liking to her and thereafter he continuously kept making enormous calls to her. It is further alleged that the petitioner is the nephew of the prosecutrix. In 2011 during Panchayat elections, the prosecutrix had gone to her parental house where the petitioner also reached at about 10.00 p.m. and took away the prosecutrix on the pretext that her husband had called her to his house. The prosecutrix accompanied petitioner along with her children. The petitioner made various attempts to stop the vehicle and try and get the prosecutrix board down the vehicle, but the prosecutrix resisted. At a place known as 'Jamta', the petitioner stopped the vehicle and pulled down the prosecutrix and dragged her to the jungle where petitioner is alleged to have committed sexual assault upon the prosecutrix.

(2.) It is further the case of the prosecution that the petitioner repeatedly assaulted the prosecutrix on the pretext that he had some recordings with him and would disclose the same to her family members. The further case of the prosecution is that the prosecutrix disclosed this to one of her friends (name with-held), who stated that the petitioner had been indulging in such nefarious activities with other women too and after learning this, the prosecutrix could muster-up her courage and thereafter accompanied by husband, she lodged the FIR.

(3.) I have heard Shri Bipin C. Negi, learned Counsel for the petitioner and Mr. Virender Kumar Verma, learned Additional Advocate General for the respondent and gone through the records of the case produced by ASI Kalam Singh, I.O., P.S. Shillai, District Sirmaur.