STATE OF H.P. Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THIS Criminal Revision Petition is instituted against the judgment/order dated 7.1.2008, rendered by the learned Sessions Judge, Bilaspur, H.P., in Sessions Trial No. 42 of 2006.

(2.) KEY facts, necessary for the adjudication of this Criminal Revision are that FIR No. 60 of 2005 dated 1.4.2005 was registered at Police Station Ghumarwin, on the basis of application filed by the prosecutrix. According to the case of the prosecution, the prosecutrix had gone to Ghumarwin hospital in the year 2004 for routine check up alongwith her husband. They got acquaintance with the doctor (hereinafter referred to as the accused). The accused called them to his house and in consequence thereof, they visited the house of doctor on 13.5.2004. Both the families started visiting each others house. The prosecutrix suffered from Typhoid. She went to the hospital alongwith her son. The accused was on night duty. He asked them to sit in the Doctors' duty room. After arranging the tea, the accused went away. When she took the tea, she started feeling giddiness. She enquired from the accused as to what was happening, he told that it was due to weakness. The accused gave her two injections and she did not know what happened thereafter. When she got up, she found her Salwar kept on one side and blood was on the bed sheet of the hospital. The underwear of the accused was stained with blood. On that day, she was undergoing menstrual course. Thereafter, the accused kept on having sex with her at different places including hotels and Rest Houses. She became pregnant. She went to the hospital for aborting the pregnancy. Although the prosecutrix asked the accused to have Court marriage with her but on the advice of the Advocates, he told that if he solemnizes second marriage, he would be suspended.

(3.) I have gone through the records of the case including FIR dated 1.4.2005. It is not mentioned in the FIR as to on which date, month or year, the accused had committed rape on the victim. According to the averments contained in the FIR, the accused was having regular sex with her. She was rather consenting party. She infact wanted to marry with the accused. However, the accused had declined to marry her.