SURAT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, incarcerating upon his arrest for alluring and raping a minor girl, has come up before this Court seeking regular bail on the grounds that during the trial, neither the victim nor the other material witnesses supported the case set up by the prosecution.

(2.) Based on a complaint, the police arrested the petitioner on Apr 26, 2020, in FIR No.126 of 2019, dated 22.4.2019, registered under Section 376 of Indian Penal Code, 1860 (IPC), and Section 4 of the Protection of Children from Sexual Offices, Act, 2012 (POCSO Act), in Police Station Paonta Sahib, District Sirmour, Himachal Pradesh, disclosing cognizable and non-bailable offences. FACTS:

(3.) Briefly, the allegations against the petitioner are that on Apr 22, 2019 the brother of the victim informed the police that the victim was staying with him and on Apr 21, 2019, at about 8.00 a.m., she had left the house under the pretext of attending a village fair. However, she did not return till evening. On Apr 21, 2019, itself, at 7.00 p.m., his father informed him that he had received a phone call from Surat Singh, bail petitioner, that the victim is with him. Based on this information the police registered FIR mentioned above. After that the police recovered the victim and recorded her statement under Section 164 CrPC and also conducted her medical examination. After that the police also arrested the bail petitioner and got his medical specimen for the purpose of sending the same to the Forensic Science Laboratory. On the comparison of the genetic material obtained from the victim and the bail petitioner the DNA matched.