BALWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been filed seeking regular bail under Sec. 439 Crimial P.C. in case FIR No. 4 of 2018, dated 4.1.2018 under Sections 376-D, 313, 506 and 34 of Indian Penal Code (in short 'IPC'), registered at Police Station, Amb, District Una, H.P.

(2.) Status report stands filed. Record has also been produced.

(3.) Petitioner is in custody since 28.6.2018 in pursuance to the complaint lodged by victim alleging her violation by one Parminder Singh, Sarpanch, on the pretext of adopting her son, as she, after having matrimonial dispute with her husband Daljinderjot Singh, was living separately along with her son. It is further case of prosecutrix that in the month of Sept., 2017, she was asked by said Parminder Singh to accompany him to Baba Barbhag Singh without her son, as they had to walk a long distance and accordingly she accompanied him and at that time he was accompanied by his two friends, one of which was the petitioner Balwinder Singh. According to her before reaching Baba Barbhag Singh, they stayed in hotel Nardev in two rooms and in one room she and Parminder Singh had checked in and during evening she was made to consume liquor along with these three persons and according to her some intoxicant was mixed in the liquor, as a result of which she lost her consciousness and all of these three companions violated her during night and she came to know about it when, after gaining senses, she found herself naked on a double bed along with these three naked persons and she also noticed injuries on her private parts and breasts etc. and when she intended to make a complaint, they threatened to kill her and her child as well as her mother, who were residing at Sangroor and as there was no male member to protect them, she could not make the complaint. However, in Nov., 2017, she found herself pregnant and on disclosure of this fact, Parminder Singh had forced her for abortion by administering some medicine but there was partial miscarriage, resulting into surgical abortion on 23.11.2017 on the advice of doctor. According to complainant, she was continuously being threatened by Parminder Singh, who had started avoiding her phone calls, therefore, she found herself totally insecure in Sangroor, but after gathering some courage with the help of certain friends, she lodged a complaint on 4.1.2018.