JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A boy aged 21 years, who allegedly paid for having sex with a girl aged 16 years and 9 months, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking regular bail on the ground that he had not allured the girl.

(2.) Based on a complaint of the mother of the victim, the police registered FIR No.55 of 2020, dated 22.10.2020, registered under Section 363, 343, 366(a), 376, 370(a), 506, 120-B IPC and Section 4, 6 and 17 of the POCSO Act and 5 of PITA, in Police Station, Nankhari, Distrit Shimla, Himachal Pradesh, disclosing cognizable and non-bailable offences.

(3.) Briefly, the allegations against the petitioner are that on 2.10.2020, at about 1.30 p.m., the victim went to a place known as Brow on the pretext of bringing clothes from the quarter and she said that she will come back on 3.10.2020. On 3.10.2020, complainant made repeated telephonic calls to her daughter but she did not attend the call. The complainant along with her husband searched the victim in her relations but she was not found anywhere. On the basis of the complaint made by the complainant, the aforesaid FIR was registered. During investigation, on 22.10.2020, at about 11.30 p.m. the victim was recovered from Shingla Helipad and her statement under Section 161 Cr.P.C. was recorded. The victim in her statement has stated that she was enticed away by Rukmani Devi and she kept her in her quarter till 13.10.2020 and on 13.10.2020, at about 8.00 p.m., she was taken by Rukmani towards Sainj, Kingal side and she was handed over to the applicant. During night, victim stayed in the hotel with the applicant and during night, he committed sexual intercourse with her. On 14.10.2020, the applicant dropped her and Rukmani at Rampur and on the same day at about 8 p.m., Rukmani threatened the victim and took her again to the same hotel and handed over her to the applicant. During the night of 14.10.2020, at about 8 p.m., the applicant dropped her at Rampur and thereafter she lived in the quarter of Rukmani. On 17.10.2020, at about 10 p.m. Rukmani called Sahil and the victim had a talk with Sahil. On 18.10.2020, at about 8 a.m. Sahil made a telephonic call on the telephone number of the victim and he had a talk with Rukmani. Sahil called the victim along with her clothes and bag etc. near Telephone Exchange Rampur and thereafter he took the victim to his room at Racholi. On 21.10.2020 and 22.10.2020, Sahil forcibly committed sexual intercourse with her and on 23.10.2020, Sahil let the victim near the hotel of Rukmani. Rukmani had given Rs.600/- to the victim and had asked her not to disclose the matter to anyone otherwise she would done her to death. On 23.10.2020, the victim was recovered and on 24.10.2020, she was got medically examined at MGMSC, Khaneri and the doctor has opined that sexual intercourse was committed with the victim. On 24.10.2020, the applicant was arrested and clothes were taken into possession. The statement of victim under Section 164 Cr.P.C. was got recorded.