MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 10.6.2019, ASI Manoj Kumar, has come present with the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(2.) Close scrutiny of the record/status report reveals that on 17.5.2019, victim-prosecutrix (name not disclosed), lodged a complaint at Women Police Station, Nahan alleging therein that her marriage was solemnised with the person namely Satnam Singh, in the year 2012. She further alleged that prior to her marriage, it was never disclosed that her husband was a drug addict. In the year 2014, one daughter was born from their wedlock. She alleged that prior to the birth of the daughter, bail petitioner, who happened to be her father-in-law, used to behave in an indecent manner and on one day, he touched her breasts and waist. Allegedly, in the year 2017, when husband of the victim-prosecutrix had gone to Chandigarh for some treatment, bail petitioner sexually assaulted her against her wishes. Bail petitioner, allegedly threatened the victim-prosecutrix with dire consequences in case she revealed anything with regard to aforesaid incident to any of the family members. Victim-prosecutrix further alleged in the complaint that after aforesaid incident, bail petitioner used to sexually assault her against her wishes as and when she was found alone at her residence. Allegedly in March, 2019, bail petitioner, at place Bhup Pur, again sexually assaulted the victim-prosecutrix against her wishes. She further alleged that on 18.4.2019, she was thrown out with her daughter from her matrimonial house by the bail petitioner and other family members. On the basis of aforesaid complaint having been made by the victim-prosecutrix, a formal FIR, i.e. FIR No. 19, dated 17.5.2019 came to be lodged against the bail petitioner under Ss.376, 506 and 406 Penal Code with the Women Police Station, Nahan, District Sirmaur, Himachal Pradesh. Since 19.5.2019, bail petitioner is behind the bars.

(3.) Mr. Ajay Kochar, learned counsel for the bail petitioner, while referring to the record/status report vehemently argued that no case, much less a case under Ss.376, 506 and 406 Penal Code is made out against the bail petitioner, who is 70 years old. While referring to the initial complaint as well as statement made by victim-prosecutrix under S.154 CrPC, Mr. Kochar made a serious attempt to persuade this court to agree with his contention that since there is no plausible explanation rendered on record with regard to delay in lodging FIR, not much reliance could be placed upon the statement of victim-prosecutrix, who in fact, has concocted entire story with a view to grab the property. He further contended that since the factum with regard to illicit relationship of victim-prosecutrix with a person namely Manpreet, came to the fore, victim-prosecutrix has falsely implicated the bail petitioner. Lastly, Mr. Kochar contended that since the investigation in the case is complete and nothing is required to be recovered from the bail petitioner, bail petitioner deserves to be enlarged on bail.