ANIL BHARDWAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant, when he was aged 24 years, allured and took with him a girl aged fifteen and half years to Shimla, made her stay in a hotel, where during the night committed forcible coitus with her on 3-4 times and now, having been convicted for kidnapping, threatening, and rape and is in judicial custody for the last more than 5 years and 6 months, had come up before this Court seeking acquittal.

(2.) On 4.2.2014, the mother of the victim informed the police that her minor daughter has been allured by the appellant Anil Bhardwaj. She further alleged that on 3.2.2014, she had gone to the house of the elder brother of her husband (Jeth) and at that time, her husband was not present at home. In her house, her son aged 18 years, and daughter-victim aged fifteen and half years were present. She further stated that in the evening, when she returned home at about 6.00 p.m., then she enquired from her son Ajay about the victim. Her son Ajay told her that the victim must be nearby. On further search, when the victim could not be traced, then Ajay told his mother that on 2 nd Feb 2014, convict-Anil Bhardwaj had visited their home and told them that there was a scheme from a company and in case they were able to sell 15 SIMs, then they would get a monthly salary of Rs.4500/-. He further told them that for that purpose, they would have to open a bank account and once the bank account is opened, the company would transfer Rs.1000/- to such account. He further told that he would bear all expenditure of opening the account and told to accompany him, along with the victim, for opening such account. He also told them to carry their certificates. After that at 11.30 a.m., Ajay, his sister and Anil Bhardwaj reached Sujanpur. Anil told Ajay to bring an IPO from the bank and when he reached the bank, the staff told him that IPOs are sold at the post office. After that, he went to post office and when he reached Sujanpur, then he noticed that neither Anil Bhardwaj nor his sister were present there. After that, he made frequent phone calls to Anil Bhardwaj and after sometime, Anil Bhardwaj took the call and told him that he has sent his sister along with his sister to Anil Bhardwaj's home. The victim further told Ajay that he was in Hamirpur. After that, the complainant sent Ajay to the house of the Anil Bhardwaj to find out about the victim. On reaching there, Ajay met sister of Anil Bhardwaj, who feigned ignorance about her brother and the victim. After that, the complainant frantically searched the victim, but could not find her. Thus, she informed the police.

(3.) Since these allegations revealed commission of cognizable offence and as such, the police officials of Police Chowki Thural recorded DDR (Ext.PW-14/A) and forwarded the same to police Station Lambagaon for registration of FIR. It led to registration of FIR No.13 of 2014 (Ext.PW-12/A) under Sections 363 and 366 IPC.