Crl. Misc. No. M – 24192 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 24192 of 2010(O&M) Date of decision:- 23.8.2010 Sarif Khan ... Petitioner Versus State of Haryana ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Ashok Kaushik, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. Petitioner – Sarif Khan, has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 272, dated 18.8.2009, registered under Section 376 and 506 in Police Station Hathin, District Faridabad. He has averred in the petition that there is a delay of five days in lodging the FIR and he was falsely implicated after making a plan, on account of previous enmity as he is married in the neighborhood of the complainant and the complainant was inimical towards his in-laws. During the trial, statement of the complainant was recorded and thereafter an application was moved under Section 319 of the Code for summoning additional accused, which is still pending. The prosecutrix has already been examined and there is no chance of tampering with the prosecution evidence. The trial of the petitioner will take sufficient long time. Hence the prayer. Crl. Misc. No. M – 24192 of 2010(O&M) -2- This FIR was registered on the basis of the statement of the prosecutrix herself. She has stated therein that on the day of occurrence she was alone in the house when the present petitioner accompanied by his co- accused – Abhas came to that place. At that time she was sitting in the shop, which adjoins the house. The present petitioner forcibly pulled her inside the house from the shop whereas Abhas stood as guard at the door of the shop. When she tried to raise alarm the petitioner forcibly closed her mouth and thereafter committed forcible sexual course with her against her consent. In the meanwhile, her mother came to that place and the petitioner was confined in the room from where he managed to escape with the help of one Saluddin. Prosecutrix has already supported her version while making her statement in the Court during the trial. Any delay in lodging the FIR in such like cases is not material as the matter in such like cases is reported to the police after due consultation on account of the involvement of the honor of the girl. There is nothing on the record to conclude that the false case has been registered against the petitioner on account of the enmity of the complainant with her in-laws, who are residing in neighborhood of the complainant. By his act he not only violated the body, but also the soul of the prosecutrix. This act of the petitioner will ultimately cause total damage to the personality of the prosecutrix. For such an offence, the petitioner is not entitled to bail. The petition is dismissed accordingly. August 23, 2010 (Gurdev Singh) tripti Judge