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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
H.S. Madaan, J.
Suresh Kumar - Appellant
Versus
State Of Haryana - Respondent
Criminal Miscellaneous (Main) No. 30341 of 2018
Decided On : 08-08-2018
Pre Arrest Bail - Offences under Sections 354, 376, 377 IPC (Section 3 of SC&ST Act added later on) - [IPC Section 354, IPC Section 376, IPC Section 377, SC&ST Act Section 3] - The court discussed the scope of anticipatory bail, the influence of the accused on the victim, and the need for custodial interrogation for effective investigation. Key legal provisions include the discretionary nature of pre-arrest bail, the seriousness of the allegations, and the need for custodial interrogation for a complete investigation.
Fact of the Case:
The petitioner filed for pre-arrest bail in a case involving serious allegations of offences under Sections 354, 376, 377 IPC and Section 3 of SC&ST Act. The victim initially submitted a complaint but later retracted her statement, citing pressure from the accused. Subsequently, she filed an FIR against the accused, alleging indecent acts, unnatural sex, and rape.
Finding of the Court:
The court found that the allegations against the accused were serious and grave, and the victim's initial retraction was made under pressure and threat from the accused. Custodial interrogation of the accused was deemed necessary for a complete and effective investigation.
Issues: The issues revolved around the credibility of the victim's allegations, the influence of the accused on the victim, and the necessity of custodial interrogation for effective investigation.
Ratio Decidendi: The court emphasized the seriousness of the allegations, the victim's initial retraction under pressure, and the need for custodial interrogation for a complete investigation as the key factors influencing the decision.
Final Decision: The petition for pre-arrest bail was dismissed, and custodial interrogation of the accused was deemed necessary for a complete and effective investigation.
JUDGMENT
H S Madaan, J. - This petition for pre arrest bail has been filed by petitioner Suresh Kumar, an accused in F.I.R. No. 31 dated 4.5.2018 for offences under Sections 354, 376, 377 IPC (Section 3 of SC&ST Act added later on) registered with Police Station Women, District Kurukshetra.
2. Briefly stated the facts of the case as per prosecution story are that complainant-victim (name withheld to conceal the identity) submitted a written complaint to SSP, Kurukshetra wherein she stated that she along with her family are staying at Didar Nagar, Kurukshetra near old Dronacharya School in a rented accommodation; that Suresh had been residing in their neighborhood. According to the complainant she had been living with her maternal grand mother (Nani) Roshni Devi since childhood. Since she is still residing in Didar Nagar on rented accommodation; that their neighbourer Suresh Kumar came to their house on 15.4.2015 and told maternal grand mother of the complainant that her grand daughter was very sharp in studies and she should be left with him and he would get a job for her; that maternal grand mother of complainant sent her to Sports Academy of Suresh reposing trust in him and the complainant started learning Archery from Suresh. Suresh firstly took her to Himachal Pradesh for sports, later on accompanied her to Pondichery, Jaipur and Rajasthan and on return took her to Kurukshetra. Suresh made the complainant work hard to secure some position. According to the complainant in the Academy during evening time Suresh used to perform unnatural sex with her, however, she stopped going to him from 8.1.2017 onwards. Thereafter Suresh sent indecent messages to the complainant on mobile phone threatening that either the complainant should come to him or he would upload her blue film on internet and keep on blackmailing her. On finding opportunity he used to perform sex with the complainant. The complainant sought taking of action against Suresh.
3. On receipt of this complaint, statement of the victim was recorded by the police on 25.3.2017 in which she gave clean chit to Suresh stating that he had not done anything wrong with her and written complaint submitted by her was based upon wrong facts rather her parents had pressurized her to submit the complaint. She did not want to go with her parents and wanted to go with Suresh; that she apprehended threat to her life at the hands of her parents.
4. Her statement was got recorded under Section 164 Cr.P.C. by Judicial Magistrate Ist Class, Kurukshetra on 25.3.2017, in which she reiterated the same version. SHO of Police Station Women Kurukshetra then submitted a report to the effect that in view of the statement made by the complainant and investigation, no offence was made out, therefore, file be consigned to the record room. After statement of the complainant-victim was recorded her custody was handed over to Suresh Kumar-accused.
5. Thereafter the complainant had submitted a written complaint to Superintendent of Police, Kurukshetra seeking taking of action against his family members and relatives stating that Suresh had not done anything wrong with her. She had filed a private complaint against her such family members in that regard. She had got married to one Harikesh son of Ramphal of Meham, Rohtak and her marriage was got registered. Thereafter she got registered F.I.R. No. 31 dated 4.5.2018 under Sections 354, 376, 377 IPC registered against Suresh Kumar levelling allegations of doing indecent acts with her, performing unnatural sex with her, sending her indecent messages on her mobile phone, threatening to upload her blue film on social media and raping her repeatedly. That she had submitted a written complaint dated 25.3.2017 to the police but under threats of Suresh that he would kill her family members and would make public her blue film she gave in writing to the police that she did not want any action against him and complaint was filed, however, Suresh again established illic
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