SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 18 of 2014 dated 16.1.2014 registered under Sections 341, 342, 363, 376, 506 read with section 34 IPC in police station Kullu District Kullu HP.

(2.) PROSECUTRIX after completion of her B.A. examination was learning stitching work in Nisha stitching centre Kullu. On dated 15.1.2014 when prosecutrix in the evening boarded down from bus at Kalung bus stand then three boys came nearby prosecutrix out of them one was co -accused Suresh. Thereafter co -accused Suresh forcibly took prosecutrix in a black coloured vehicle by way of closing the mouth of prosecutrix so that prosecutrix could not cry. Thereafter accused also switch off the light of vehicle. Thereafter co -accused Suresh Kumar brought prosecutrix in his house at Hathithan and committed rape with prosecutrix. Thereafter co -accused Suresh Kumar also told to prosecutrix that in case she would narrate incident to anybody then she would be cut into pieces and pieces of body of prosecutrix would be thrown into a tank. Thereafter prosecutrix was medically examined and MLC of prosecutrix was obtained and as per MLC report prosecutrix was exposed to frequent coitus. Thereafter as per location shown by prosecutrix site plan was prepared and photographs of location, mattress and blanket upon which criminal offence of rape was committed was took into possession vide seizure memo. Co -accused Suresh Kumar was also medically examined and as per MLC report co -accused Suresh Kumar was able to performa sexual act. Vehicle No. HP51(T) -8129 in which prosecutrix was abducted also took into possession vide seizure memo. DNA report from SFSL Junga is still awaited.

(3.) FOLLOWING points arise for determination in the present bail petition: