GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No. 103 dated 14.09.2016, registered under Sections 376, 363, 366-A IPC and under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Fir in this case was registered on the complaint of grandfather of prosecutrix. It was informed to the police that his minor grand-daughter, since the intervening night of 13/14.09.2016, was missing. He apprised the police that petitioner enticed her minor grand-daughter on the pretext of marriage. Initially, the FIR was registered under Sections 363 and 366-A. The petitioner was arrested on 02.03.2020 and prosecutrix was recovered from his custody. Thereafter, the investigating agency incorporated Sections 376 IPC and Sections 3 and 4 of POCSO Act. Statement of prosecutrix was also recorded under Section 164 Cr.P.C.

(3.) Learned counsel for the petitioner submits that prosecutrix had herself joined the company of the petitioner on her own will. Not only that, she solemnized marriage with the petitioner. He submits that thereafter, the couple filed CWP No. 31821 of 2019 seeking protection qua their life and liberty, which was disposed of by this Court on 06.11.2019. He points out that out of their wedlock, the couple is having a child and the prosecutrix is presently also in a family way for the second time from her wedlock.