'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination.Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has...
The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination.
Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has refused to undergo medico-legal examination."
The Court added that the role of the accused, in the commission of the alleged crime, will be proved during the course of trial. "The accused is to be presumed innocent, till the conclusion of the trial and the bail application cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law."
The Court was hearing a pre-arrest bail plea filed by a man under under Section 482 of the BNSS, on the ground that he is apprehending his arrest, in case , registered under Sections 64(2)m, 69, 352 and 324 of the BNS.
According to the complainant, in January, 2023, the accused came to alleged victim's house during the night hours. At that time, he was having some soft drink with him. The husband of the prosecutrix was not present. Thereafter, the accused offered her to take the said soft drink, in which, according to the complainant, he had mixed some intoxicated substance, due to which, the prosecutrix came under the influence of intoxication and the applicant had raped her. The accused was also stated to have recorded her obscene video.
It was also stated in the complaint that the accused had promised to marry and maintain her, but, now neither he is marrying her, nor, paying any maintenance to her.
Counsel appearing for the accused submitted that the police is pressing hard by calling him to the Police Station in connection with the complaint, made by the complainant.
As per the status report, the complainant had mentioned, in her complaint, that she was raped by the applicant lastly in March, 2024, as such, she does not want to get herself medico-legally examined. Later on, the police added Section 351 (2) of the BNS and the prosecutrix was taken to Civil Hospital, for her medico-legal examination, where, she refused to undergo medico-legal examination.
The Court noted that except the present case, no other case is reported to have been registered against the applicant. "As such, the presumption of innocence is still available to the applicant," it added.
Consequently, interim order, order was made absolute, subject to certain the conditions.
While granting the relief the judge added that, "The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law."
Mr. Ashok Kumar Tyagi, Advocate for the applicant
Mr. H.S. Rawat, Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Bharat Chandel, I/O, Police Station Janjehali, Tehsil Thunag, District Mandi, H.P. for the respondent.
Title: XXX v. State of Himachal Pradesh
Citation: 2025 LiveLaw (HP) 03
