DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court for grant of bail in case FIR No. 70/2014, registered at Police Station, Jhakdi, District Shimla, on 23.12.2014, under Section 376, 452 and 506 of the Indian Penal Code.

(2.) THE case of the prosecution is that the petitioner was working in the Home Guards and had sexually assaulted the prosecutrix on more than one occasion. It is alleged that the prosecutrix, for the first time, had been assaulted on 09.11.2014 at about 10.30 a.m. when her children had gone to school and her husband had gone to the shop at Moorang. Finding the prosecutrix alone, the petitioner is alleged to have committed sexual intercourse with the prosecutrix against her consent. Despite her having been raised hue and cry, none came and it is alleged that because of the threat carried out by the petitioner, she did not disclose this incident to any person.

(3.) I have heard the learned counsel for the parties and gone through the records produced by the prosecution.