OM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, for enlarging him on bail, by invoking provisions of Section 439 Code of Criminal Procedure (in short 'CrPC'), in case FIR No. 88 of 2020, dated 21.11.2020, registered in Police Station Pachhad, District Sirmaur, HP, under Section 376 of the Indian Penal Code (in short 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' in short).

(2.) Apart from filing status report, record was also produced. Learned Deputy Advocate General has placed on record photocopies of relevant statements of complainant, victim, father of accused and DNA profiling report of State Forensic Science Laboratory.

(3.) Prosecution case in nutshell is that complainant Rajesh Kumar (father of victim) and Matka Ram (father of accused), are related to each other as the daughter of Matka Ram is married to Tapender Singh, who is real brother of complainant Rajesh Kumar. Members of both families, including victim and other children, being closely related to each other, had been visiting each other's houses and staying there for considerable time, sometimes months together.