SHAKEEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.198 dated 01.06.2020 registered under Sections 363, 366-A, 188, 506 of the Indian Penal Code, 1860 (in short 'IPC'), 6 and 19 of the POCSO Act and 67-B of the Information Technology Act, at Police Station Ferozepur Jhirka, District Nuh.

(2.) Counsel for the petitioner has submitted that the FIR was registered at the instance of the father of the victim with the allegation that he is a sugar patient and remained admitted in hospital for many days. Taking advantage of his absence, one Janista lured her minor daughter 'P' aged about 15 years that her brother-in-law wants to talk to her. Thereafter, the petitioner Shakeel and the co-accused Shamshad started talking to her, in his absence and on 05.02.2020, on the asking of Janista, both the accused came to his house and lured his daughter and took her to a near forest where they both committed rape on his daughter against her wishes. In this process, they have even, taken obscene photographs of his daughter, on their phone and some of her photographs were made viral on the internet. Again on this pretext and by threatening, the victim was repeatedly raped by them and because of fear, his daughter did not disclose anything to them. On 29.05.2020, when his daughter suddenly became unwell, she was taken to a doctor, who informed that she is pregnant by 3-4 months. When the complainant and his wife enquired about it from the victim, she told about the rape committed by the accused persons. The accused was called on his phone number, as mentioned in the FIR, by the complainant and again, the accused had threatened his daughter and stated that they will get her pregnancy aborted. On this pretext, the FIR was registered on 01.06.2020.

(3.) Counsel for the petitioner has argued that the petitioner is a married person having 02 children and he has no connection with the commission of offence as he has been falsely implicated in the case. It is further submitted that even the photographs of the victim are with the co-accused Shamshad, who has uploaded the same on his Facebook page.