JOGINDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner-Joginder, who is behind the bars since 24.10.2018, has prayed for regular bail in FIR No. 250, dated 23.10.2018, under Ss. 376, 452, 342 and 506 IPC registered at Police Station, Sarkaghat, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 16.11.2019, ASI Thakur Dass 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.

(3.) Record/Status repot reveals that on 23.10.2018, victim-prosecutrix lodged a complaint at Police Station Sarkaghat, District Mandi, alleging therein that on 23.10.2018, at about 4 pm, when she was alone at her home, bail petitioner, who disclosed his name as Rakesh, gave a phone call on the mobile number of the her husband. She further alleged that when she was talking to her brother over the phone, bail petitioner knocked the door of the room and called her by her name. She alleged that after some time, when she opened the door, nobody was there and as such, she went to cowshed to feed grass to the cattle, but suddenly, bail petitioner, who had hidden himself in the cowshed, forcibly took her to the room and forcibly unclothed her and sexually assaulted her against her wishes. She further alleged that in the meantime, her daughter came on the spot and bail petitioner made an attempt to run away but she gave a blow of shovel on the head of bail petitioner, as a consequence of which, bail petitioner suffered injury. On the basis of aforesaid complaint, FIR in question came to be lodged against the bail petitioner on 23.10.2018 and since 24.10.2018, he is behind the bars.