VIRENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These petitions, preferred to enlarge the petitioners on bail in case FIR No.90 of 2020 dtd. 12/9/2020, registered in Police Station Khundian District Kangra, H.P. under Ss. 363, 366A and 201 of the Indian Penal Code (hereinafter referred to as 'IPC in short) and Ss. 4 and 17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' in short).

(2.) Status reports stand filed, wherein it is stated that on 12/9/2020 complainant Surjeet Singh had submitted a written application in Police Station Khundian, stating therein that his 17 years old daughter after leaving home on 11/9/2020 at 10.00 a.m. did not return till date and despite searching her at his own level everywhere in relations, she was not found anywhere and he had suspected that some unknown person had kidnapped his minor daughter. On the basis of this application, FIR in question, was registered.

(3.) It is stated in the status reports that during investigation it was found that victim had gone to her cousin's (daughter of Bua) matrimonial home in Village Bhadolikalan, Tehsil Jhanduta District Bilaspur on 11/9/2020 and during night intervening of 12/9/2020 and 13/9/2020 she was brought back by her sister and her statement was recorded in presence of her mother and at that time, victim, in writing, had refused to undergo medical examination and thereafter, she was handed over through a memo to her parents. Her statements under Ss. 161 and 164 of Cr.P.C. were also recorded on 12/9/2020 and 13/9/2020 respectively, wherein she had disclosed that she had gone to the matrimonial house of her cousin without telling anybody. In these statements she had not disclosed any kind of offence committed against her.