In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-14391 of 2009 (O&M) Date of decision: 26.5.2009 Arshad ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Navneet Singh, Advocate, for the petitioner. **** SABINA, J. This petition has been filed by Arshad under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 287 dated 18.9.2008, under Sections 363/ 366-A/ 376/ 506/ 120-B of the Indian Penal Code, registered at Police Station Punhana District Gurgaon. Prosecution story, in brief, as per the FIR as reproduced in para 1 of the petition is as under:- “Sir, it is stated that I applicant Asmina d/o Sh. Mubin Caste Mew, is resident of village Autha, Tehsil and P.S.Punhana, District Mewat. Sir, it is prayed that my mother and father are alive. We are six sisters and three brothers. I am at the 7th no. and unmarried. On 22.8.2008, in the morning at 8.00 a.m. I alone went to my fields to bring fodder for the animals. Adjoining our fields Criminal Misc. No.M-14391 of 2009 (O&M) -2- are the fields of Auyoob s/o Sli Sadru, R/o Village Autha. When I reached my fields, Auyoob was also present in his fields and one motorcycle of red colour was parked there. When I was cutting grass in my fields, then at around 10.30/11 a.m. Auyoob came to me and said to me that Asmina sit on the motorcycle, I will take you on a round and I will get clothes for you. I refused him and in the meanwhile, Arshad, Irshad s/o Israil Caste Mew resident of Autha came there from the Jawar fields. Auyoob asked them that now it is the time, you take her on motorcycle to some place, and when you reach at some proper place, give me a ring and I will also reach there. Irshad sat on the motorcycle and Auyoob and Arsad forcefully made me sit on the motorcycle and they said if you made noise, then you will be killed. Arsad sat behind me, and Auyoob intoxicated me something from his hand. Irshad started driving the motorcycle. These two took me through katcha road towards Ganda Nallah and within short time I became unconscious. Then after crossing Ferozepur-Jhirka, on Alwar road, they stopped the motorcycle by the side of road and they both took me to the fields and Arsad and Irshad raped me against my wishes and threatened me that if you will raise noise, then you would be killed and thrown here. They took me to a hut near Pahar in Rajasthan and kept me there and there also they raped me. After that they took me to Tijara, Kishangarh and at different places and daily raped me. Criminal Misc. No.M-14391 of 2009 (O&M) -3- After that on 6.9.2008, these two took me on motorcycle and left me at Bus stand Ferozepur Jhirka and gave me Rs.100/- . From there I went to my elder sisters place at village Andhaki and I told about the whole incident to my sister. After that my family members reached Andhaki and on 11.9.2008, my family members took me to court at Punhana and I was produced before Magistrate and Sir ordered for my medical, and after that my mother, father and uncle took me to Civil Hospital, Punhana. There the ladies doctor was not available. After that on 16.9.2008, my medical was conducted at Civil Hospital, Punhana. Till now the villagers were insisting my parents for compromise, but no compromise was effected. Arshad and Irshad sons of Israil took me forcefully on asking of Auyoob and these two threatened me and daily committed rape against my wishes. Hence, it is prayed that strict legal action be taken against the accused persons.” Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. He is in custody for the last six months. As per the report of the Forensic Science Laboratory, no human semen was found on the vaginal swab of the prosecutrix. Learned counsel has further submitted that the co- accused of the petitioner have been found innocent during investigation. As per the prosecution case, the petitioner along with his co-accused Irshad had committed rape on the person of the Criminal Misc. No.M-14391 of 2009 (O&M) -4- prosecutrix. As per the report of the Forensic Science Laboratory, human semen was detected on the Salwar and underwear. However, no semen was detected on lady's shirt and vaginal swab. The report of the Forensic Science Laboratory would more appropriately be gone into and considered during trial. The fact that the co-accused of the petitioner have been found innocent during investigation also cannot be a ground for allowing this petition filed by the petitioner. Now the trial is fixed for prosecution evidence. Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE May 26, 2009 anita