LAL CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C., for releasing the petitioner on bail in F.I.R. No.276 of 2007, dated 20.9.2007, registered at Police Station, Manali, under Sections 376, 323, 506 IPC. The notice was issued on 4.12.2007 and the learned Additional Advocate General has submitted the status report.

(2.) HEARD and perused the record.

(3.) THE prosecution case in brief is that statement of the prosecutrix, under Section 154 Cr.P.C. was recorded on 20.9.2007 at about 5.30 p.m. wherein she has stated that on 17.9.2007 she had gone in a maruti van up to Dhobi for bringing medicines for her child. At about 10 a.m., she went to Dhobi Khud to answer the call of the nature, in the meantime, petitioner came there and caught hold her, she objected, cried, but the petitioner gagged her mouth and threatened her that he would kill her and throw her body. He also gave 3-4 slaps to her. She cried twice ­thrice, but nobody heard her cries as it was an isolated place. The petitioner took her under a rock and without her consent raped her. He kept her during day as well as night and had forcible sexual intercourse with her five-six times. On 18.9.2007, she freed herself from the clutches of the petitioner and came to her house and narrated whole story to her husband. On 19.9.2007, her husband went out to trace the petitioner, but he was not traceable. On these facts, the police registered the case. The prosecutrix as well as the petitioner have been medically examined, broken bangles of the prosecutrix were recovered from the spot. The challan has also been filed in the court.