GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matter is taken up for hearing through video conference due to COVID-19 situation.

(2.) This is a second petition seeking regular bail in F.I.R. No. 0192, dated 11th August, 2020, under Section 354-A of the Indian Penal Code, 1860 [hereinafter 'IPC'] and Section 8 of the Protection of Children from the Sexual Offences Act, 2012 [hereinafter 'POCSO Act'] (Section 376DA of IPC and Section 4 of POCSO Act were added later on), registered at Police Station City-1, Abohar, District Fazilka.

(3.) F.I.R. was registered on the statement of victim (name withheld) aged 13 years. As per the FIR, on 10th August, 2020, victim went to purchase biscuits from the departmental shop of Sunil Kumar. When she went to shop, Sunil Kumar closed the gate and bolted the door from inside. He, with the bad intention, started touching upper parts of body of the victim. The victim raised alarm as a result Sunil Kumar ran away. The parents of victim were doing labour work. Initially due to fear, she did not disclose the incident but later on she narrated everything to her mother. She was taken to Civil Hospital and thereafter F.I.R. was registered. On the basis of supplementary statement of victim, D.D.R. No. 44, dated 14th August, 2020 was registered, wherein the petitioner was named. She stated that Sunil Kumar called her inside the shop for giving biscuits, he went out of the shop on the excuse to answer nature's call and locked the gate from outside. There was an unidentified person hiding in the shop who forcibly made physical relation with her.