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2003 DIGILAW 1647 (PNJ)

Sitab Singh v. State of Haryana

2003-12-08

NIRMAL SINGH

body2003
JUDGMENT Nirmal Singh, J. - The case of the prosecution is that prosecutrix Nidhi was a student of 12th class and when she was alone in the house, the petitioner did wrong thing with her because the mother of the prosecutrix, who used to remain ill, had gone for treatment to Delhi along with her father while her brother had gone to his job. She raised hue and cry for help but her house being situated at a deserted place, no one came to rescue her. 2. The prosecurtix became pregnant. When her mother rebuked her, she consumed tablet of aluminum phosphide (sulphas). After that a case was got registered against the petitioner. 3. Mr. N.K. Sanghi, learned counsel for the petitioner submitted that there is a delay in lodging the FIR. He further submitted that the girl was above 16 years and it prima facie shows that it was a case of consent. 4. On the other hand, learned Deputy Advocate General appearing for the State of Haryana, opposed the bail application that the petitioner has raped the girl who was a student. He further contended that delay itself is no ground to allow bail to the petitioner as the prosecutrix has fully supported the case of the prosecution. He then submitted that the petitioner used to black-mail the prosecutrix on the ground that if she would refuse to have an intercourse with him, then he would defame her in public. 5. I have given my thoughtful consideration to the submissions made by learned counsel for the parties and perused the record. 6. The delay is one of the circumstances which can be considered for allowing bail but delay could not be treated as the sole decisive factor for allowing bail. The other considerations which are to be taken into consideration while allowing the bail are viz. nature of the offence which has been committed; antecedents of the accused; nature of the evidence which is to be produced and severity of the sentence which is likely to be awarded. The learned Additional Sessions Judge while declining bail to the petitioner has observed that "the prosecutrix has made an elaborate statement before the JMIC Panipat which is formidable piece of evidence which cannot be brushed aside at the time of granting bail. The learned Additional Sessions Judge while declining bail to the petitioner has observed that "the prosecutrix has made an elaborate statement before the JMIC Panipat which is formidable piece of evidence which cannot be brushed aside at the time of granting bail. The delay in lodging the matter to the police after about two months can be understandable because normally in such matter family members try to put a lid over the matter to prevent defamation in the society." The prosecutrix has fully supported the case of the prosecutrix before the trial Court. 7. Since accusations against the petitioner are serious in nature, therefore no case is made out to release the petitioner on bail. Hence this petition is dismissed. Petition dismissed.