PANKAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Court has been convened through video conferencing due to Covid-19 pandemic.

(2.) Vide the instant petition filed under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner is seeking grant of anticipatory bail in case FIR No. 12 dtd. 5/1/2021 registered for offence under Ss. 354 and 323 of the Indian Penal Code, 1860 and Sec. 8 of Protection of Children from Sexual Offence Act, 2012 (for short "POCSO Act") and Sec. 75/79 of Juvenile Justice (Care and Protection of Children) Act, 2015 (Annexure P-l) at Police Station Model Town Panipat, District Panipat.

(3.) As per the version of the prosecution, FIR (Annexure P-l) has been registered on the basis of a complaint received from the Child Welfare Committee, Panipat, wherein it has been alleged that the complainant/prosecutrix had been working in the house of Pooja Verma for the last 1 1/2 years and was taking care of her infant and doing odd jobs. Whenever Pooja Verma went to her parental house at Jalandhar, she took her child as well as the complainant along. On one such previous occasion, when she went to Jalandhar in October, 2020, the brother of the petitioner, namely, Pankaj (present petitioner) molested the complainant. When the complainant disclosed this fact to Pooja Verma, she threatened her and told her not to disclose the incident to anyone otherwise she will involve the complainant in a theft case. The complainant worked with Pooja Verma till 1/12/2020 and on 2/12/2020, Pooja Verma came to her house and beat her, which fact has been recorded by her in a video.