BHANU PRATAP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.438 CrPC, prayer has been made on behalf of the petitioner for grant of bail in respect of FIR No. 338, dated 16.11.2018, under Ss. 363, 366, 323, 504, 506, 120B, 376, 376D and 511 IPC and Ss. 4 and 8 of Protection of Children from Sexual Offences Act, registered at Police Station Sadar, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 11.2.2020, ASI Rajinder Singh, Police Station, Sadar, Mandi, Himachal Pradesh has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Status report/record reveals that on 16.11.2018, complainant, who happens to be the mother of the victim prosecutrix (name withheld) lodged a missing report with the Superintendent of Police, Mandi, stating therein that on 16.11.2018, her minor daughter i.e. victim-prosecutrix reached late at her residence at Mandi and on enquiry, she revealed that she was with her friend. Complainant alleged that after some time, her minor daughter told her that she is going to washroom but she never returned back. Subsequently, complainant recovered mobile phone and found that her minor daughter is in contact with some unknown person. Investigation reveals that on the basis of CDR and Tower location of mobile number supplied by the complainant, police recovered the victim-prosecutrix from Gokalpuri, New Delhi from the house of the co-accused Joginder Singh and Vikas, who happened to be father and son. On 26.11.2018, police recorded statement of the victim-prosecutrix under Section 164 CrPC in the court of learned Additional Chief Judicial Magistrate-I, Mandi, wherein she alleged that on 13.11.2018 and 15.11.2018, co-accused Kaku alias Hari Singh assaulted her in her room against her wishes. She stated that on 15.11.2018, bail petitioner sexually assaulted her in her room alongwith co-accused Kaku alias Hari Singh. Victim-prosecutrix also deposed before the Magistrate that with effect from 17.11.2018 till 20.11.2018, co-accused Joginder sexually assaulted her against her wishes whereas, another co-accused namely Vikas tried to outrage her modesty. Police also got the victim-prosecutrix medically examined at Zonal Hospital, Mandi and sent samples to RFSL Mandi. After recording statement of victim-prosecutrix and receipt of MLC from Zonal Hospital, Mandi, Police registered a case against bail petitioner and another co-accused named herein above under Section 376D and 511 IPC and Ss. 4 and 8 of the Protection of Children from Sexual Offences Act. Record reveals that on 18.11.2018, bail petitioner had filed a bail application under S.438 CrPC before learned Additional Sessions Judge-I, Mandi and had joined the investigation in terms of directions issued by said Court.