Sajan Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has been arrested on 6.12.2020, in case FIR No.287 of 2020, dated 5.12.2020, registered under Sections 376 of the Indian Penal Code, in

Police Station Dhalli, District Shimla, Himachal Pradesh, on the basis of complaint of victim, wherein, according to Status Report filed on behalf of

respondent-State, she had stated that she was resident of village Chhanavat and was married in the year 2010 and out of that wedlock she has

begotten a son, who is 9 years old, and she had left the house of her husband as he used to beat her under the influence of intoxicants, and she has

been living with her mother since 2018 and her divorce case is pending and she was in search of work and had worked in B Godrej Company at

Chandigarh and thereafter associated herself with Home Care Group formed by Abhijeet and had worked for one month in Home Care at Mohali, but

thereafter she went to village.

From the Home Care Group, petitioner had obtained her mobile number and added her in his group, namely ‘Helping Hand Pvt. Ltdâ€. On

27.11.2020, she was telephonically contacted by petitioner, through his cell-phone, offering her a job with salary of Rs.15,000/- per month in Shimla to

which she had agreed, whereupon, on 28.11.2020, petitioner had booked a Cab for her from Chandigarh and on that day she reached village Dhanogi

(Mashobra) in the house of two old-aged persons. Petitioner had shown her room in the lower storey. On the next day, i.e. 29.11.2020, she had

completed her entire household work and during night petitioner had come to her room on the pretext of advising her certain things and had violated

her person and thereafter he had violated her 3-4 times, day and night.

On perusal of record, it has also transpired that victim has further stated that on 4.12.2020, she had made a call on ‘112’ and had also

contacted Cab driver/owner to provide her Cab to leave Mashobra and on 5.12.2020 she had contacted her sister, on mobile, and thereafter she had

approached the police in Police Station Dhalli.

As per Status Report, investigation is under progress and is at initial stage.

It is submitted by the learned counsel for the petitioner that victim is a grown -up lady and as per her complaint she had been violated number of

times between 29.11.2020 and 5.12.2020, but neither she did raise alarm nor made a complaint to her employer nor she had left their house and that

petitioner is 23 years old boy, whereas victim is 28 years old and that she had come alone to Shimla and, therefore, she could have left the place alone

to report the matter to the police.

Learned Deputy Advocate General, under instructions of the Officer present, has submitted that employer couple of the victim was feeble, old and

ailing and, in fact, husband employer has expired on 15.12.2020, whereas his wife is not able to manage herself and she cannot move without help and,

therefore, making complaint by the victim to such couple would have of no help to complainant, instead it would have put her in further trouble as

petitioner, who was working with them prior to the victim, was having influencing position in the house. He has further submitted that the victim was

serving at a distant place from her native place and, therefore, lodging of FIR, after suffering for 3-4 days at the hands of the petitioner, is not unusual,

but natural. He has further submitted that plea of the victim that she had contacted the Cab owner/driver for providing her Cab for Shimla and

conversation with her sister is substantiated from her Call Detail Record.

It is also submitted by the learned Deputy Advocate General that employer couple was too old and was seriously ailing and their son, alongwith

family, is residing at Rampur and was not able to look after and manage his parents, therefore, he had engaged one Chet Ram for cooking food and

other household work and had also engaged the petitioner as a male nurse and Chet Ram (Cook) had been asking for long leave to visit his native

place and to meet his family as he had not gone to his place since long. In these circumstances, petitioner had offered to the son of the ailing couple to

call a lady, claiming her his sister in relation, for cooking food etc., in place of Chet Ram, for which son of the couple had consented and, thereafter,

victim was called by the petitioner.

Learned Deputy Advocate General has further submitted that the investigation is at initial stage and also keeping in view the nature and gravity of

the offence, petitioner is not entitled for bail.

Without commenting upon merits of the case and for the material placed before me, it cannot be said that ex-facie no case is made out against the

petitioner. Therefore, keeping in view the initial stage of the investigation, I find that it would not be appropriate to enlarge the petitioner on bail, at this

stage.

Accordingly, the petition is dismissed.