IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.901 of 2007. Date of decision: 5.3.2008. Suresh Kumar ………. Petitioner Vs. State of H.P. ..…. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Tarlok Chauhan, Advocate. For the Respondent Mr. A.K. Bansal, Additional Advocate General. Kuldip Singh, Judge. (Oral) 1. Heard and perused the record. 2. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.71 of 2007 dated 5.6.2007 registered at Police Station, Chowari, District Chamba (HP) under Section 376 IPC. On 14.12.2007 the respondent was directed to file reply which has been filed on the affidavit of Superintendent of Police, Chamba. District Chamba. 3. It has been submitted on behalf of the petitioner that FIR No.71 of 2007 was registered on 5.6.2007, the prosecution case is that the petitioner about one year ago while prosecutrix was grazing her cattle allured her for marriage and committed sexual intercourse with her. The petitioner committed sexual intercourse with the prosecutrix many times and about 4-5 months prior to the registration of the case, the petitioner came in the house Whether the reporters of the local papers may be allowed to see the Judgment?Yes of the prosecutrix and committed rape on her and the prosecutrix is carrying four months pregnancy . It has been submitted that even though the date of alleged offence has not been mentioned but from the allegations made in the FIR the date of offence comes to about first week of June 2006. It has been submitted that prosecutrix has died on 25.9.2007 without delivering child. The learned counsel appearing on behalf of the petitioner has submitted that no DNA test etc. was carried out during investigation to connect the pregnancy of the prosecutrix with the petitioner. It has been submitted that due to the death of the prosecutrix, it is not possible to prove the allegation of rape against the petitioner. The learned Addl. Advocate General has not denied the death of the prosecutrix. He has also not pointed out any DNA test linking the pregnancy of the deceased prosecutrix with the petitioner. It has been submitted that date of birth of the prosecutrix was 1.3.1992 and on the date of commission of offence she was about 14 years of age. The death of prosecutrix is immaterial for the prosecution of the petitioner. It has been established by the medical of the prosecutrix that she was pregnant at the time of her examination, as per MLC dated 5.6.2007. 4. The allegations against the petitioner are that he performed sexual intercourse with the prosecutrix last time 4-5 months prior to recording of statement of prosecutrix under Section 154 Cr.P.C. In view of the death of the prosecutrix and in the facts and circumstances of the case, the case for releasing of the petitioner on bail has been made out under Section 439 Cr.P.C. The application is accordingly allowed. The petitioner is ordered to be released on bail in case FIR No.71 of 2007, registered at Police Station Chowari, Distt Chamba on 5.6.2007 under Section 376 IPC on his furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Chamba subject to the condition that the petitioner shall not tamper with the prosecution evidence in any manner. The observations made in the order shall not be construed as expression of opinion on merits of the case. Copy dasti, on usual terms. ( Kuldip Singh ) Judge March 5, 2008 (sks)