SHIVAM KHANDUJA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Status report stands filed. As per status report, mother of victim had approached the Police in Police Station Majra on 27.11.2019 with an application, whereupon rapat No. 2, dated 28.11.2019 was entered in the Police Station Majra, Tehsil Paonta Sahib, District Sirmaur, H.P. and as mother of victim had apprehension of violation of person of her daughter, whereupon medical examination was conducted and MLC of victim was obtained and in furtherance thereto, rapat No. 7 was entered and subsequently on the basis of statement of victim recorded under Section 154 Cr.P.C. at her home, FIR No. 185 of 2019, dated 28.11.2019 has been registered in Police Station, Majra, District Sirmour, H.P. under Sections 354A, 328 read with Section 34 IPC and Section 8 of Protection of Child from Sexual Offences Act, 2012 (in short 'POSCO Act')..

(2.) Victim in her statement recorded on 28.11.2019 has stated that she is student of +2 and on 27.11.2019 at about 4:30 P.M. she had left her house for attending tuition class and at that time she had received a call from Shivam to meet him for 5-10 minutes as they have not met since long and he had assured to drop her at the tuition class and thereafter Shivam along with Navneet had met her in Majra Bazar in Xylo vehicle of Navneet. Shivam was on driving seat, whereas Navneet was on seat of co-driver. She boarded the vehicle on back seat and thereafter vehicle was taken towards Paonta Sahib and near Melion, the vehicle was stopped and thereafter Navneet and Shivam had exchanged the seats and near Batapul, after parking the vehicle, both boys had went to shop and bought Sprite and packets of chips and thereafter they started back towards Majra. Near Suraj Pur, the vehicle was stopped and Sprite was served to her in disposal glass by Shivam. Navneet had consumed Beer whereas Shivam had taken Vodka. Shivam had given 2-3 glasses of Sprite to her. On asking by her to Shivam that taste of Sprite was different, Shivam had replied that it was her misconception. Thereafter Shivam started driving the vehicle and Navneet sat with her on the back seat and she was feeling headache and drowsiness. Navneet started teasing her with indecent behavior which was opposed by her and she had asked Shivam to stop Navneet but thereafter Shivam also started doing the same thing and vehicle was driven towards link road to village Melion and thereafter she did not know what happened and on opening eyes she found herself at her home.

(3.) During investigation Shivam and Navneet were arrested on 28.11.2019 and since then petitioner is behind the bars.