Rxxx Alias Rxxx v. State Of Haryana And Another
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< "By hand 1212 dated 11.11.2024 Το, Station Incharge, Police Station Narnaund. Subject: Application for legal action against Rajiv alias Raju, age about 33 years, Mobile No. 94993xxxx, 98122xxxxx, son of Tara, caste Chamar, village Khanda Kheri, Tehsil Bass, District Hisar, regarding coercion, assault and threat to kill and kidnap. Sir, Applicant makes the following written request that 1. That I am xxxxxx wife of Suresh Kumar, Chamar, caste resident of we Khanda kheri, Tehsil Bass, District Hisar and my daughter's name is xxxxxx who is minor and aged about 14 and half years old. 2. That Kajal, the niece of the aforementioned accused Rajiv, and my daughter xxxxx are friends, and as such, visit each other's home and play together. My daughter xxxxx also calls the aforementioned accused
"uncle" (Chacha) 3. That on 1091192024 at around 10 o'clock, my daughter xxxxxx and the accused's niece Kajal were playing on the terrace of Kajal's house and the above9mentioned accused was there at ground floor and there was no other person in their house and accused person called out to my daughter xxxxx while she was playing and asked her to come down and my daughter xxxx asked that tell uncle, what is the matter?
The accused took my daughter xxxxx inside the room and pushed her on the bed and beat her and tried to force himself on my daughter and when my daughter tried to make noise, he closed her mouth with his hand and in the meantime, Kajal, the niece of the above9mentioned accused also came down and the above9mentioned accused opened the door and ran out when my daughter xxxxx shouted and while leaving, threatened my daughter that it would not be good if she told anyone about it and When I returned home after work in the evening, my daughter xxxxx was sitting at home in a frightened state. On my repeated asking, my daughter xxxxx told me above mentioned things and said that he had forbidden me from telling it at home and had threatened to kill me if I told it at home, due to which my daughter is very scared.
Therefore, I request you sir to take legal action against the said Accused Rajiv alias Raju and file a case. And justice should be provided. So that no injustice is done to any daughter and no one is exploited. It will be your kindness sir. Thank you. Date 1191192024 Applicant xxxx Wife of Suresh Kumar Caste Chamar resident Khanda Kheri tehsil Bass Hisar District 99915xxxx."
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in the present case on the basis of the statement made by the mother of the prosecutrix, alleging commission of sexual assault upon the prosecutrix. It is submitted that the family of the petitioner and the complainant were previously acquainted, and owing to prior enmity and disputes, the instant FIR has been maliciously registered. It is further submitted that, as per the version recorded in the FIR, the prosecutrix had purportedly raised an alarm and managed to ran away, with no allegation of
penetration or commission of any aggravated offence being made. The material witnesses stand examined before the learned trial Court. It is further submitted that there exists no cogent evidence on record to substantiate the allegations leveled against the petitioner, who has already undergone an actual custody of 01 year 05 months and 07 days and has clean antecedents. 1 Per contra, !
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"21.In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be
innocent until duly tried and duly found guilty. 22.From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances." 9
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