DINESH KUMAR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions are being decided by a common order as these arise out of the same FIR and also involve common questions of facts and law.

(2.) Petitioners vide their separate petitions have prayed for grant of bail in case FIR No.109 of 2022, dtd. 31/5/2022 registered at Police Station, Paonta Sahib, District Sirmour, H.P., under Ss. 376-DA and 506 of Indian Penal Code (for short "IPC") and Sec. 6 of the Protection of Children from Sexual Offences (for short "POCSO") Act, 2012.

(3.) The investigation in the case is complete and the challan has been presented in the Court on 6/8/2022. The prosecution case is that on 24/5/2022, petitioner Amir Khan in Cr.M.P.(M) No. 2045 of 2022 forcibly committed sexual intercourse with the victim more than once and then few hours thereafter petitioner Dinesh Kumar alias Bittu in Cr.M.P.(M) No. 2044 of 2022 committed the same offence with the victim. Both the petitioners were employees of Chaudhary Hospital, Paonta Sahib and the victim was working as domestic helper in the house of owner of Chaudhary Hospital. The allegation against the petitioners is that they committed the offence with the victim under threat. The victim could not disclose the commission of offence by petitioners to anyone under fear. On 30/5/2022 the victim felt giddy and also started vomiting. She was noticed by the daughter of owner of Chaudhary Hospital, who asked the victim as to what had happened and the victim had disclosed the misdeeds of the petitioners to her. She then further informed the parents of the victim, who alongwith victim reported the matter to the police on 31/5/2022.