HOSHIAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 438 of Cr.PC., a prayer has been made on behalf of the petitioner for grant of pre-arrest bail in connection with FIR No. 44 of 2018 dated 10.4.2018, under Section 376(2) (n) of the IPC, registered at Police Station Padhar, District Mandi, H.P.

(2.) Sequel to order dated 13.4.2018, passed by this Court, whereby petitioner was enlarged on interim bail, ASI Kulmesh Singh, I/o P.S. Padhar, District Mandi, H.P., has come present along with records. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency, perusal whereof suggests that complainant-prosecutrix vide report dated 10.4.2018, alleged that bail petitioner on the pretext of marriage sexually assaulted her for almost 12 years. She categorically stated that on 9.4.2018, bail petitioner was compelling her to visit his house but since she refused to come to the house of the bail petitioner, bail petitioner on 10.4.2018, came to her shop and sexually assaulted her against her wishes. In the aforesaid background, aforesaid FIR came to be lodged against the bail petitioner, who is a government employee.

(3.) Mr. B.C. Negi, learned Senior Advocate, duly assisted by Mr. Vijay K. Verma, Advocate, representing the bail petitioner, while referring to the record/status report, vehemently argued that no case, if any, is made out under Section 376, against the petitioner, because it clearly emerges from the record that the complainant-prosecutrix and bail petitioner were known to each other for quite considerable time and during this period, they had developed intimate relationship. Mr. Negi, further contended that there is nothing on record to suggest that in the last 12 years, complaint, if any, was ever lodged by the complainant against the bail petitioner, which fact itself clearly suggests that she of her own volition had joined the company of the bail petitioner.