JOGINDER Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Cr.P.C., seeking regular bail in case FIR No. 54 of 2020, dtd. 14/10/2020, registered in Police Station Nankhari, District Shimla, H.P., under Ss. 363, 376 and 506 of the Indian Penal Code (in short 'IPC') and Ss. 6 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act').

(2.) Status report stands filed and record was also made available.

(3.) Prosecution case, in brief, is that on 14/10/2020 complainant, alongwith her husband and minor daughter (victim), had submitted a complaint in Police Station Nankhari, stating therein that in their family there are two children and their elder daughter (victim) whose date of birth is 18/4/2006 and who is studying in 10th Class in Government High School. Whereas, their 11 years younger child (son) is studying in 8th Class and since 9-10 years, the family is residing in a secondary house situated in their Orchard. On 13/10/2020, her husband and she were not at home during day time and in the evening, when she reached home, her son informed her that their daughter who had gone to Kholighat to give lunch to her father, did not return thereafter. Whereupon, complainant informed her husband about it on his mobile. Their daughter was not having phone. Her husband went in search of their daughter up to Kholighat, but he did not find her. One Sarjeevna told her that her daughter was seen at Kholighat alongwith Sushma. Thereafter, family members and relatives searched victim at Dophagarh, Kholighat, Narkanda etc., but she was not found anywhere. On 14/10/2020, when they were searching their daughter at Nagadhar, she received a call of Dropdi informing that victim had reached home. Thereafter, their daughter was brought to Nagadhar and inquired about her whereabouts during previous night. Whereupon, victim disclosed that petitioner had taken her from Kholighat to Tikkar on foot and thereafter in a small vehicle from Tikkar to Narkanda and during night he took her to some hotel at Narkanda and violated her person during night for four times and in the morning he dropped her at Kholighat, wherefrom she went home.