Mahender Singh vs State of Haryana

Baldev Singh, J.—This application has been filed u/s 439 of the Code of Criminal Procedure for granting bail to Mahender Singh (petitioner)

in case F.I.R. No. 21 dated 17.2.2006 under Sections 376/506 of the Indian Penal Code registered at Police Station Kosli, District Rewari.

This case was registered on the written complaint of Sarla Devi wife of Dharmbir resident of Village Sahadat Nagar. She alleged in her

complaint that on 15.2.2006, her husband Dharambir had gone to perform `Kanyadan'' to Village Haroli. Her mother-in-law Smt. Santro Devi and

her son Avesh, aged about nine years, were sleeping in the `Baithak''. She alone went to the inner room of the house and slept there. The time was

about 10/10.30 at night. She lit a lantern as the electric light went off. At that time, Mahender Singh (applicant) came and sat on her cot. She woke

up. He asked her to remove her clothes, else he would kill her. She removed her clothes and Mahender Singh (applicant) took off his clothes and

started committing rape on her. At that time, her husband Dharmabir returned. On seeing him, Mahender Singh (applicant) took up his clothes and

ran away. He was seen running away by Dharmabir and Smt. Santro Devi. She narrated the occurrence to them and also to Sarla Devi wife of

Karambir. Then after consultations of her husband with Karambir and Yodhbir, report was lodged with the police.

It is contended by the Ld. Counsel for the applicant that the complaint was presented before Gopi Chand, Assistant Sub-Inspector, Incharge

Police Post, Nahar, on 17.2.2006. Sarla Devi (prosecutrix) simply sighed the complaint. She was pressurized to sign it and it cannot be treated her

voluntary statement. Further, the Ld. Counsel for the applicant contended that offence u/s 376 of the Indian Penal Code is not made out. The

prosecutrix neither shrieked for help from her mother-in-law and son, who were present in the house nor she offered any resistance and she,

rather, put off her clothes at the mere asking of the applicant and it appears to be a case of consented sexual intercourse. The applicant and Sarla

Devi (prosecutrix) had amorous relations and they were surprised by the sudden arrival of Dharambir, husband of Sarla Devi, and thereafter

parents of the prosecutrix were informed and after due deliberations Sarla Devi was forced to lodge report with the police. Sarla Devi is a married

woman. She made report to the police to save her ten years old marriage.

The petitioner is in custody since 17.2.2006. Conclusion of the trial would take sufficiently long time. Without expressing anything on the merits

of the case, this application is allowed and the applicant is ordered to be released on bail on his furnishing requisite bonds to the satisfaction of the

Chief Judicial Magistrate/Duty Magistrate, Rewari.

Application allowed.