MILAP CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has approached this Court under Section 439 of the Code of Criminal Procedure for his enlargement on bail as his prayer for bail was rejected by the court of Sessions. He is accused of an offence under Sections 366 and 376 Indian Penal Code in terms of FIR No. 249 of 2009 registered in Police Station Palampur, District Kangra, H.P.

(2.) IN short, prosecution story is that the prosecutrix (20 years) had gone to village Market 'Menjha' to purchase some grocery items. In the mean time Petitioner, who was on his Scooter, met her and gave her lift upto her village. In fact, both are from the same village, but prosecutrix has her house in the lower part of that village. Both knew each other very well. She took lift on the Scooter, on the way, Petitioner stopped Scooter in the jungle and prosecutrix was taken to the nearby bushes and committed rape on her. Thereafter, she took lift on the Scooter of the Petitioner and Scooter was stopped near village 'Ranipadhar' where two boys, namely, Vivek and Shashi were standing. They asked as to who she was, he told them she is his wife. In the meantime uncle of the prosecutrix also came there, to whom the Petitioner did not recognize. He asked her sitting on the pillion of the Scooter. Surprisingly, on seeing the uncle she did not react immediately. The prosecutrix got down from the Scooter and made a complaint to him and revealed about the incident.

(3.) ANY observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way.