SACHIN CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 93 of 2014 dated 6.5.2014 registered at Police Station Sadar, Bilaspur, District Bilaspur, H.P. under Sections 342, 376, 506 and 323 IPC.

(2.) THE petitioner claims that he has committed no offence and has been falsely implicated in this case by the complainant party. He claims that the prosecutrix got married to him on 19.4.2014 of her own free will and volition at Shimla and the affidavits to this effect duly attested by the Notary Public have been executed by the parties. Therefore, there no question of rape arises as the petitioner and prosecutrix are husband and wife. It is further claimed that the prosecutrix has no complaint whatsoever but it is her parents on whose instance this false case has been foisted against the petitioner.

(3.) THE learned Deputy Advocate General contends that the real facts of the case are that a complaint was lodged by the prosecutrix to the effect that on 17.4.2014 while she was going from Bilaspur to Chandigarh in a bus the accused took a seat adjacent to her. The accused was her classmate in 10+2 and was therefore, somewhat known to her. She was given fruity juice by the accused and on consuming the same, she got intoxicated and was made to deboard the bus at Nauni and was in fact taken to Shimla. When she told that she wanted to go to Chandigarh, she was subjected to beatings and was confined in a room of a hotel where she was raped. Next day she was told by him to obey his command, lest he would upload her photographs on the internet taken during the previous night. On 18th she was also raped whereafter she returned back to home but out of fear, she did not disclose this fact to her parents. On 25th it is alleged that she was again forcibly taken by the accused to Shimla where she was asked to smoke and drink which she objected resulting in merciless beatings. She was kept confined in a room of a hotel for three days. It is only after her repeated persuasion that accused left her Chandigarh on 29.4.2014. On 1.5.2014 the accused had come to her college and snatched her bag. She called her friends, who took her to P.G. Later the prosecutrix told all these facts to her parents on 5.5.2014, pursuant thereto, the FIR came to be registered against the petitioner.