RAJESH KUMAR @ RINKU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS application for grant of bail has been filed by the petitioner in respect of F.I.R. No.102 of 2005 dated 27.6.2005 registered against him at Police Station, Rampur Bushehar under Sections 363, 366-A, 376, 342, 506 IPC and Sections 3(1)(xi) and (xii) of the Prevention of Atrocities on Scheduled Castes & Scheduled Tribes Act, 1989.

(2.) THE facts in brief are that on 27.6.2005 one Shri Shyam Chand lodged a report with the police that his daughter (name withheld) i.e. the prosecutrix had been missing since 22.6.2005. He suspected the petitioner Rajesh Kumar of having kidnapped his daughter. On the same day itself, according to the police record, she was allegedly recovered by S.I. Rupinder Singh when she was getting down at the Bus Stand, Rampur Bushehar.

(3.) IT appears that thereafter a fresh investigation team was constituted and on 13.7.2005 the statement of the prosecutrix was again recorded. She changed her stand and now stated that she had been scolded by her mother on 21.6.2005 and did not want to return home. She again states that she had gone to attend the marriage of Sanjeev who is a friend of her brother and went with the Barat to Kotgarh. On 23.6.2005 she went to Khopri where she met the foreigners and went with them to Sarahan. On 24.6.2005 she asked for money from the people she had met who gave her Rs.1000/- and she came to Rampur. She wanted to go home but being scared she did not go there. Then she went to the petitioner Rajesh Kumar who told her that he had to go to Chandigarh in the evening and would take her there and get her admitted in some educational institution. Then Rajesh took her on his motorcycle to the Hotel Bushehar Regency in Room No.204. One hour later Rajesh went to the market. When she tried to open the door she found that it was locked. At about 3 P.M. the petitioner came and raped her. At about 5 P.M. Rajesh went away after saying that his programme to go to Chandigarh has been postponed and that he would send her to Chandigarh with his friends the next date. Thereafter one Ajay came to her room and asked her go home since her father was very worried and then Ajay left. Thereafter the cousins of the petitioner came and wanted to have sex with her but when she refused they went away. She stayed the night alone in the room. On 25.6.2005 one vehicle came there in which four boys were sitting and told her that they were going to Chandigarh and asked her to accompany till there. She sat in the Car. The boys tried to take advantage of her being alone but nothing serious happened. Thereafter one of the boys received a call on his mobile phone and they made her got down from the Car. Then she took a bus and went to Shimla where she bought some clothes. She had no money. Then she went to the Ridge at Shimla where she talked to some person and spent the night with that person. In the morning she went to the Bus Stand and went towards Chandigarh. When the bus conductor asked her where she wanted to go. The prosecutrix got scared and told him that she had run away from home and the conductor made her sit in the bus bound for Shimla. The driver then made her stay at his Bhabhi's house at Tara Devi and on 26.6.2005 she left Shimla for Rampur where the petitioner threatened her that if she told what had happened to anybody he would kill her and her family. Since she was scared she made a false statement to the Police.