(1.) A boy aged 20 years, who is incarcerating upon his arrest for alluring and raping a minor girl, has come up before this Court seeking regular bail on the grounds that the family of the girl forced her to lodge a false complaint to break their love affair.
(2.) Based on a complaint, the police arrested the petitioner on Nov 1, 2020, in FIR No. 195 of 2020, dated 01.11.2020, registered under Sections 363, 366A and 376 of the Indian Penal Code, 1860 (IPC), Section 4 of the Protection of Children from Sexual Offices, Act, 2012 (POCSO Act) and Section 3 of the SC and ST Act, in Police Station Theog, District Shimla, Himachal Pradesh, disclosing cognizable and non- bailable offences. FACTS:
(3.) Briefly, the allegations against the petitioner are that the father of the victim informed the Police Station Theog on Nov 1, 2020, regarding allurement of her daughter by the petitioner vide a written complaint. He informed the police that his daughter, who is aged 16 years, has been allured by the petitioner Rohit Sharma on 29th October, 2020 at 3.30 p.m. His daughter stayed with him up to 31 st October, 2020 and he also committed rape on her. However, in the evening of 31 st October, 2020, he dropped her back. Based on such information the police registered the FIR mentioned above.