RAJENDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner is in judicial lock up pursuant to an FIR No. 440 of 2006 dated 27-12-2006 under Sections 376, 342 and 506 of the Indian Penal Code registered in the Police Station, Sadar, District Bilaspur (HP) and has preferred the instant petition under Section 439, Cr. P. C. for seeking bail after facing rejection from the Sessions Judge.

(2.) Precisely, the case of the prosecution is that one of the prosecutrix was married to Achhar Singh, who was serving in Army and was residing in her parental village Ladraur. She had gone to purchase some medicines while returning she met another prosecutrix whose marriage was settled with Naresh Kumar but it broke later. Yet the second prosecutrix wanted to marry said Naresh Kumar. Both of them came to the house of parents of the first prosecutrix and tried to contact Gita Devi wife of the accused but the phone was attended by the accused-petitioner who agreed to settle the matter and told them to meet on 26-12-2006 at Ghumarwin. The petitioner took them to his house, his family members were away to Ludhiana. After taking meals around 9.30 p.m. the accused-petitioner called them to his bedroom and gave one peg of liquor to each of them and then committed rape on both of them one by one by brandishing pistol and proclaimed that he had six cartridges and asked them not to make any noise, lest they would be killed, thereafter also threatened not to disclose the matter to any one. In the wee of the hours of the morning, both the two ladies ran away and reported the matter to Rattan Singh a Ward Member and his wife. The matter was then reported to the police by one of the prosecutrix and statement of the complainant was recorded in the presence of the Pradhan of the Gram Panchayat which resulted into the registration of the present FIR.

(3.) The police had prepared the site plan and took into possession a toy pistol, which was identified to be the same by the prosecutrix along with their shawls and a bed sheet recovered from the house of the accused-petitioner. One of the prosecutrix was medically examined and the second refused for the examination. Both the victims are aged about 26 and 21 years respectively.