Sohan Lal @ Sonu vs State Of Haryana

Harinder Singh Sidhu, J

Prayer is for grant of regular bail in FIR No.202 dated 24.11.2018 under Sections 346, 328, 376(2)N/506 IPC registered at Police Station Jakhal,

District Fatehabad.

As per allegations in the FIR lodged by the father of the prosecutrix, on 23.11.2018 at about 3'o clock afternoon, he had gone for his work. His

daughter (prosecutrix) aged about 18½ years, went somewhere from home without informing. He tried to search for her at almost all of his relatives'

places but she was not found.

During investigation, the prosecutrix was recovered from Gurugram and her statement under Section 164 Cr.P.C was recorded.

In the affidavit filed by Deputy Superintendent of Police, Tohana it is stated that on 25.11.2018 statement (Annexure R-1/T) of the prosecutrix was

recorded under Section 164 CrPC, wherein, she stated that she had voluntarily gone with her Jija- Sonu (petitioner) to Shitla Mata Mandir, Gurgaon.

Thereafter, on 27.11.2018 the prosecutrix along with her mother appeared before the Investigating Officer and gave her statement that Sohan Lal

(petitioner) had committed immoral act with her. On 28.11.2018 medico- legal examination of the prosecutrix was conducted. On 29.11.2018, she

again got her statement (Annexure R-2/T) recorded under Section 164 CrPC before Ld. Area Magistrate, Tohana, wherein, she gave vivid description

of entire incident and stated that on 25.11.2018, no one was at her home. Her Jija (petitioner) came there at about 2-3 O'clock in the afternoon. He

gave her a laddu to eat. After eating the laddu, she started feeling dizzy (losing balance). Then he locked her in a room and committed immoral act

with her. Thereafter, he took her to fields and committed immoral act. The prosecutrix further asserted that the petitioner took her to Shitla Mata

Mandir, where Police came and rescued her. The petitioner Sohan Lal @ Sonu threatened her that if she disclosed about this to anyone she would be

killed.

The reply/affidavit further states that upon statement of the prosecutrix offences under Sections 328, 376(2)(N), 506 IPC were added. The petitioner

was arrested on 27.12.2018. The DNA samples on the 'salwar' of the prosecutrix along with DNA sample of the petitioner Sohan Lal were sent to

the Forensic Science Laboratory, Madhuban. The report received is, “The autosomal STR analysis indicates that DNA profile of seminal stains on

source of item No.1 (Salwar) is matching with the DNA profile of Sohan Lal (Source of item No.6.).â€​

Learned counsel for the petitioner contends that the prosecutrix was a consenting party and that she had herself accompanied the petitioner. The

complainant has named the petitioner only to harass him and extort huge amount of money from him. The petitioner is behind bars since 27.12.2018.

Opposing the petition, the learned State counsel has submitted that the petitioner is guilty of a heinous crime. Further out of sixteen witnesses, 13 have

already been examined including the prosecutrix.

Having heard Ld. Counsel for the parties in my view there is no ground to direct the release of the petitoner on bail. The prosecutrix is a young girl

aged about 18 ½ years. She has levelled serious allegations of forcible rape against the petitioner who is her close relative. The FSL report seems to

corroborate the version of the prosecutrix. Whether the prosecutrix was a consenting party is an issue which can only be determined at the time of

trial.

Dismissed.