MOHINDER SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a bail application under Section 498 Cr. P. C. on behalf of the Petitioner Mohinder Singh who has been taken into custody by authorities of Gandhinagar Jammu Police Station in connection with the offence U/s 363/342 and 377 R. P. C.

(2.) THE brief case for the prosecution is that on 26 -3 -1985 when the complainant was not in his house, his son Vishal Sharma aged 10, was going for patch work on his shirt to a tailor, the accused came across him following on a scooter, The accused is alleged to have offered a lift to the P.W. Vishal to the shop of patch worker but forcibly swayed the scooter towards Nanak Nagar and forced the body inside a room on the bank of nallah where the said PW was given a beating and made to smell piosonous substance as a result of which the PW alleged victim got unconscious and during unconsciousness of the boy carnal intercourse against the law of nature was committed on him. the boy gaining consciousness after about one and half an hour, opened the door of the room and came to his house weeping and revealed the entire story to the complainant that the accused had threatened him if he reveals the matter he will be done to death. This information by the complainant was lodged before the Police Station Gandhi -nagar, Jammu on 27 -3 -1985 and a case under section 363/342 and 377 RPC was registered and the investigation started. The accused was taken into custody. It appears that a bail application in the first instance was moved before a Duty Magistrate, Jammu, who rejected the same vide his order dated 1 -4 -1985.

(3.) THE petitioner moved this Bail application on 1 -4 -1985 before another Bench of this Court and on the very day, Government Advocate Sh. D. S. Parihar appears to have accepted notice and filed his objections on 2 -4 -1985, when at the request of counsel for the petitioner, the accused was directed to be transferred to the Judicial lock -up, The matter, however, came before this court on 4 -4 -1985 when Govt. Advocate Sh. D.S. Parihar asked for an adjournment to file additional objections which was granted. Meanwhile Govt. Advocate Shri Parihar was asked to see that the accused is transferred to judicial lock -up. The additional objections were filed on 5 -4 -1985 to which counter affidavit was filed on behalf of the petitioner, when arguments of Mr. MH Beg learned counsel on behalf of the accused -petitioner were heard. Mr. TS Thakur Advocate, on the side of prosecution appeared and filed his power of attorney on behalf of the complainant and sought time to file further objections. The objections have been filed by Mr. T.S. Thakur along with three affidavits to which again the accused has filed counter.