PREM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court invoking provisions of Sec. 438 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking bail in Case FIR No.86 of 2021, dtd. 3/12/2021, registered in Police Station Gohar, District Mandi, H.P., under Ss. 376 of the Indian Penal Code (in short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act').

(2.) Status report stands filed, wherein it has been stated that on receiving information from the Medical Officer Alok from Civil Hospital Sundernagar that a 17 years old minor girl has given birth to a female child. Police rushed to the hospital and recorded statement of the girl. In her statement, victim stated that she is 17 years old and has studied up to 10th class and when she was studying in 9th class, she got acquainted with Prem Lal (petitioner), who is a Carpenter and they started love each other and petitioner used to come to meet her, and about one and a half year ago, she informed the petitioner that she had attained majority and thereafter in August, 2020 both of them on their own will, but without informing the parents, married each other and she started living as a wife of the petitioner in the house of petitioner-Prem Lal and during this period, for copulation, she became pregnant and on 1/12/2021, she was brought to Hospital at Sundernagar for checkup where on 2/12/2021 she delivered a female child.

(3.) On the basis of aforesaid statement, as complainant was minor, FIR was registered.