HARI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 08 of 2019, dated 22.11.2019, under Sections 9, 10 and 11 of Prohibition of Child Marriage, Act, 2006, Section 4 of POCSO Act, 2012 and Section 376 IPC, registered at Police Station Bagga, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitfulpurpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 19.01.2019 police were informed, through a communication from Medical Officer, PHC, Navgaon, qua the prosecutrix (name withheld), who is 15 years old and pregnant. The statement of the prosecutrix was recorded under Section 154 Cr.P.C., wherein she stated that she studied upto 8th standard and her date of birth is 26.03.2006. Her parents engaged her with the petitioner and on 09/10.03.2019, with the consent of both the families, she was married with the petitioner according to Hindu rites and customs. Thereafter, both of them started having physical relations. Upon the statement of the prosecutrix, police got her medically examined and she was sent to Child Welfare Committee, Solan. Police registered a case and the investigation ensued. Police prepared the spot map, made relevant seizures and recorded the statements of the witnesses. The petitioner was arrested and medically examined. Statement of the prosecutrix was got recorded under Section 164 Cr.P.C. During the course of investigation, police procured the records qua the date of birth of the prosecutrix and as per the records, she was found to be born on 26.03.2006. As per the police, challan in the case shall be presented in the learned Trial Court soon.