RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners were granted ad-interim bail vide order dated 11.11.2014 and during the pendency of the petitions, it was pointed out by the learned Deputy Advocate General that the victim of the offence was disempowered to accord consent to the act since her cognitive faculties were impaired. The I.O. was directed to produce the victim before the Psychiatric so as to enable the latter to form an opinion as to whether the victim of the crime possessed a low I.Q. Pursuant to such directions, the Investigating Officer made available to this Court the psychological report wherein it has been alleged that though the victim is aged about 27 years but her mental age is 11 years and her calculative I.Q. 74 is indicative of border line intelligence.

(2.) Bearing in mind all the facts, it would be seen that the allegations made by one Ranjeet Singh, the brother of the victim, are that the petitioners had made an attempt to commit rape by taking her sister on motorcycle to a lonely cowshed and thereafter dropped back the victim back to her residence. A perusal of the FIR and the records of the investigation do not, prima facie, support the allegations of sexual assault. The offence of rape is one of the most serious offences and there can be nothing more horrendous and despicable crime against a woman because rape not only casts physical injury but more indelibly leaves a scar on the most cherished possession of a woman which is her dignity, chastity, honour and reputation. But, then at this stage these allegations cannot be taken at their face value, more particularly, the allegation of rape. Even if, the victim is possessed of diminished intelligence that of 11 years old only, even then she would have sufficient knowledge regarding things which are good and bad and would not be totally ignorant on the subject of sex.

(3.) On the aforesaid facts and circumstances, I am of the view that the petitioners cannot be deprived of their liberty at this stage. Even otherwise, the petitioners belong to Districts Mandi and Bilaspur respectively and, therefore, they are presumed to have roots in the society and there cannot be legitimate apprehension that the petitioners can flee from justice. In such an eventuality, it is otherwise open to the prosecution to approach this Court for cancellation of bail.