RAJENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought regular bail in case FIR No. 13 of 2015 registered at Police Station, Renukaji, District Sirmaur on 26.3.2015 under Sections 376, 511, 452, 506 IPC, Section 25 -54 -59 of the Arms Act and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution, as emerges from the records of the investigation, is that the aforesaid FIR came to be registered after the police received a telephonic message that sexual offence had been committed with the wife of the complainant. The police reached the spot and recorded the statement of the prosecutrix in which she alleged that on 25.3.2015 her husband had gone to Dadahu. She alongwith her children was in the house, when at about 9.00 p.m. accused came into the courtyard where the prosecutrix had gone to fetch water. It is alleged that the accused was armed with gun and by that time, her children had already gone to bed. Accused forcibly dragged the prosecutrix to her kitchen and opened the string of salwar and the prosecutrix was made to lie down, while threatening her with a gun. In the meanwhile, the husband of the prosecutrix came and called for the prosecutrix and on hearing this, the accused/petitioner is alleged to have fled away from the spot leaving his gun behind.

(3.) FROM the records of the investigation it is established that the prosecutrix is having six children and eldest, out of them, is aged about 14 years. It has also come on record that the place where the prosecutrix is residing is though not thickly inhabited, but nonetheless she does have neighbours, why then did the prosecutrix not raise a hue and cry. The petitioner was only possessed a muzzle loaded gun and it has also not come on record that this gun was loaded at the relevant time.