SAHIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.91 dtd. 30/4/2020, under Ss. 376, 506 IPC read with Sec. 4 of POCSO Act, registered at Police Station Sadar, Pathankot, District Pathankot.

(3.) As per factual matrix of the case, the present FIR was lodged by the victim (name concealed). It was alleged that she is 16 years of age and resident of Village Dehriwal, Police Station Sadar Pathankot and doing household work and studying in Government High School and has passed 9th standard. Her date of birth was 10/1/2004. It was alleged that the boy of her village whose name is Sahil @ Saili i.e. the petitioner used to come toher elder brother Harish Chander for repair of his mobile phone. He used to pass objectionable gestures towards her. However, she used to ignore the same and on 29/4/2020, when her family was out in the field at about 12 o'clock, Sahil @ Saili came to her home and finding her alone, he caught hold her though, she tried to make a noise, however, he put his hand in her mouth and removed her clothes. He forcibly without her consent committed rape upon her. In the meantime, her elder brother Harish Chander came, however, the accused Sahil @ Saili hide himself in the box and she ran to open the door. Her brother Harish Chander tried to catch hold of him, however, he managed to escape. The statement was recorded before the police and the request was made to take the legal action against the culprit. On commencement of the investigation, petitioner was arrested on 1/5/2020. He approached the learned Additional Sessions Judge, Pathankot for grant of bail, who after hearing counsel for the parties, declined the same vide his order dtd. 3/7/2020. Aggrieved by the same, the petitioner has approached this Court by way of filing the present petition.