KANWAR AMARDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, stands instituted by the bail petitioner, under, Sec. 438 Cr.P.C, wherethrough, he seeks grant of anticipatory bail qua him, given his apprehending his arrest, for his allegedly committing offence punishable, under Sec. 376 of Indian Penal Code, in case FIR No. 25/18 of 30.10.2018 registered with WPS Una District Una, Himachal Pradesh.

(2.) The Investigating Officer SI Suman Sharma, Police Station Woman, Una, is present in Court, and, has made a disclosure before this Court, that, the petitioner has enabled effectuation of recovery of laptop. She further submits that the accused had rendered to her, his fullest cooperation.

(3.) Be that as it may, the prosecutrix is a married lady aged about 37 years and is mothering a daughter aged about 6 years, begotten from her marriage with one Mannu Sharma. A perusal of status report, discloses that she had for a continuous period of three months resided, at the home of the accused/bail applicant, and, throughout the afore period she was subjected to repeated sexual intercourse, by the bail applicant, under, pretext(s) of marriage proffered to her, by the bail applicant. The succumbing(s) of the prosecutrix to the sexual overtures, of the bail applicant, under, pretext(s) of marriage proffered, to her by the latter, would hold sway, only upon, the bail applicant after subjecting her to a singular or may be a couple of sexual intercourse, his, thereafter resiling therefrom, (a) and, obviously the effect of rather repeated succumbing(s) of the prosecutrix, under, purported repeated allurement(s), of, marriage meted by the accused to the prosecutrix, (b) begets, a, conclusion that, all the repeated sexual intercourse perpetrated, upon her person, by the bail applicant, being, not under any pretext of or allurement of marriage, proffered to her, by the bail applicant.