SOM DUTT KALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid two petitions. Som Dutt Kalia, petitioner, had initially filed Cr.M.P.(M) No. 108 of 2006 for grant of anticipatory bail in respect of F.I.R. registered on 1.2.2006 at Police Station Amb, Distt. Una, under Sections 376,344,506 & 120-B I.P.C. This Court on 22.2.2006 had directed that the petitioner would not be arrested on his furnishing bail bond in the sum of Rs.10,000/- with one surety in the like amount. The petitioner was directed to join the investigation. He did join the investigation. In the meantime, it came to the notice of the petitioner that the F.I.R. lodged against him is also under Section 3(1)VII, 13(2) V of the SC & ST (Prevention of Atrocities) Act,1989. Since there is no provision for the grant of anticipatory bail under the said Act, he filed another bail application being Cr.M.P.(M) No. 212 of 2006. The petitioner who is present in the Court has surrendered.

(2.) THE F.I.R. against the petitioner was lodged on a written complaint filed by the prosecutrix on 31.1.2006. In this complaint, it was alleged that she belongs to Kurjana village in Bihar. According to her, she was married by her parents to one person named Ashok after getting some money. Her husband resided in Ballabhgarh. She ran away from Ballabhgarh and reached Delhi Railway station where she met Rama Kalia wife of the petitioner. Rama Kalia took her home and thereafter, she was taken to Gorakhpur where the petitioner then resided. According to the complainant, Som Dutt Kalia repeatedly raped her. He also threatened her that he would kill her in case she told anybody about this. She remained in Gorakhpur for about six years. She further states that she was always locked in the house at Gorakhpur and was never allowed to meet anybody. She also alleges that from Gorakhpur, she was brought to Delhi where she stayed for about 25 days and thereafter, she was taken to Amb, District Una, H.P., where again she was repeatedly raped and kept in a locked house. In this complaint it is stated that she was saved by her neighbour Shiv Dev and his wife (Pushpjit Kaur) and thereafter, the complaint was filed.

(3.) AT the outset, it may be noted that in the statement of Pushpjit Kaur recorded under Section 161 Cr.P.C., it is stated that sometime in November, 2005, petitioner Som Dutt Kalia had visited her house along with the prosecutrix. Thereafter, he came again after about 7-8 days when she and her husband arranged a room for the bail petitioner in the house of Harbans Lal. In December, 2005, Som Dutt Kalia came to the house of Shiv Dev and Pushpjit Kaur and said that he had to go to Delhi and will come back after 5-6 days. He however returned after 15 days. During this period, Som Dutt Kalia used to ring up at the house of Pushpjit Kaur and enquire about the well being of the prosecutrix. Thereafter when the witness went to the prosecutrix to enquire her well being, she found that the prosecutrix was sitting outside the verandah on a chair. After some time, the prosecutrix started crying and told this witness that she has been sexually abused by the bail petitioner.