(1.) Petitioner is an accused in a case registered against him under Sections 323, 324, 326, 307 and 354 of the Indian Penal Code, in Police Station, Pachhad, District Sirmaur, H.P. vide FIR No.76/15 on the basis of a complaint made by Shri Sanjay Bahadur, son of the prosecutrix.
(2.) The accused-petitioner has been arrested in this case on 21.9.2015 and is presently in judicial custody. The investigation in this case is complete. Challan has also been filed. Learned Judicial Magistrate, Rajgarh has committed the case to the Court of Sessions and the same is now listed for consideration of charge on 16.7.2016. The victim is a Nepali National and residing, for the last 6-7 years with her son Sanjay Bahadur, the complainant at Village Dasana, Tehsil Pachhad, District Sirmaur, H.P. She along with her son, the complainant, is managing all agricultural and household affairs of one Raman Singh, resident of the same village.
(3.) The record reveals that on 6.9.2015, she went to Forest along with her son, the complainant, for bringing fodder for the cattle of Raman Singh, their master. When they were at different locations and the prosecutrix collecting fodder by lopping the branches of =chhinar' tree, the accused-petitioner, whose age has been disclosed by her in between 18-22 years, appeared there and asked for Bidi from her. She entertained his request and having climbed on the tree, threw her bundle of bidi and lighter down. The accused lit bidi and started smoking. In the meanwhile, she also came down from the tree and while coming down the accused-petitioner allegedly raised his hand and wanted her to place foot thereon and to come down. However, she did not agree and told him that she does not want any support from him.