PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been preferred for enlarging the petitioner on bail in case FIR No. 75 of 2020, dtd. 26/12/2020, registered under Ss. 363, 376 of IPC and Sec. 6 of Prevention of Child from Sexual Offences Act (POCSO), in Police Station Renukaji, District Sirmour, H.P.

(2.) FIR in present case has been registered at the instance of prosecutrix when she was living with accused in his house and had approached a Doctor for her treatment who had found her pregnant and considering her age, had advised her to lodge the report with the Police before treatment and in these circumstances prosecutrix had approached Police Station, Shilai on 25/12/2020 and at her instance Daily Diary Repat No. 29 was recorded.

(3.) On 26/12/2020, on the basis of statement of prosecutrix FIR was registered in Police Station Ranukaji. During investigation, prosecutrix was medically examined and her pregnancy was confirmed, but her date of birth was found to be 2/4/2013 and, therefore, at the time of violation of her person, she was found to be 17 years and 8 months old. Her statement under Sec. 164 Cr.P.C. was recorded on 28/12/2020 before the Magistrate, wherein after narrating the entire incident and manner in which she and petitioner had come in contact and developed physical relations, she also stated that she had reported the matter to the Police on asking of Doctor, who had refused to treat her without reporting the matter to the Police and in her statement, in the last, she stated that she wanted to marry petitioner immediately after attaining the age of discretion.