SAGAR THAPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information No.133 of 2020, registered at police station Raiwala, District Dehradun.

(2.) Applicant is in judicial custody under Ss. 363, 376 (2) of the Indian Penal Code, 1860 and Sec. 5 read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) As per the prosecution case, informant's daughter left home on 8/10/2020 at around 5 a.m. When she did not return, a search was undertaken. Prosecutrix was recovered from the custody of the applicant and the applicant was arrested. According to the prosecutrix's High School Certificate, collected during the investigation, the date of birth of the prosecutrix is 30/6/2004. Statement of the prosecutrix was recorded under Sec. 164 of the Code of Criminal Procedure, 1973, wherein she stated that she loved the applicant. She stayed with him in a Dharmsala in Shimla. Her physical relationship was established with him on 11/10/2020. Upon conclusion of the Investigation, charge-sheet was filed.