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2022 Supreme(P&H) 1846

VIVEK PURI
Jagdish – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Dheeraj Kumar Narula, Advocate, for the Appellant; Mr. Vikas Bhardwaj, AAG Haryana., for the Respondent

JUDGMENT

Vivek Puri, J. (Oral) - Custody certificate has been taken on record.

2. The petitioner is seeking regular bail in case bearing FIR No. 53 dated 05.11.2020 under Sections 323, 376, 450 and 506 IPC (511 and 451 IPC deleted later on and Section 450 added later on), registered at Police Station Women Dabwali, District Sirsa.

3. Briefly, as per the allegations of the prosecutrix, on 04.11.2020 at about 11 P.M., the prosecutrix who is aged about 80 years was sleeping in her room. The petitioner entered the room, took off his clothes, pulled the Ghagra of the prosecutrix and tried to commit wrong with her. When she raised objection, the petitioner sat on her chest and inflicted blows on her mouth and chest. On noticing someone present outside the room, the petitioner slipped away while extending threat to kill the prosecutrix.

4. Learned counsel for the petitioner contends that the prosecutrix is aged about 80 years, the petitioner has been falsely implicated as he is a witness in a criminal case which was registered against the brother-in-law of the prosecutrix and furthermore, the statement of the prosecutrix during the course of trial has also been recorded. The report of FSL doe

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