ANIL CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 Code of Criminal Procedure (for short Cr.P.C.) for enlarging him on bail in case FIR No.64 of 2022, dtd. 28/7/2022, registered in Police Station Jhakri, District Shimla, Himachal Pradesh, under Ss. 376AB, 506 of the Indian Penal Code (IPC) and Ss. 4&8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) Status report stands filed. Record was also made available. Petitioner has also placed on record photographs to claim and substantiate love and affection between him and the victim.

(3.) As per prosecution case, on 28/7/2022, complainant (mother of victim and wife of petitioner) submitted an application in Police Station Jhakri, stating therein that her marriage was solemnized with petitioner in the year 2016 and as she was the only child of her parents, she and her husband (petitioner) used to live in her parental house. On 4/5/2022, petitioner suddenly quarreled with complainant and left the house and since then she was taking care of her children. As per complainant, her 4½ years old daughter was afraid and was complaining pain in her stomach and also in her private parts and legs and, thus, she took her daughter to private hospital at Kumarsain and Sanjeevni Hospital Chuha Bhag where medicine was prescribed to her daughter. Victim was too much afraid that she expressed that she would not talk with her father and asked not to bring him home by saying that her father was dirty, whereupon complainant asked her daughter politely why she (victim) was afraid too much of her father, whereupon victim told her that whenever her father used to drop her in school in the vehicle, he used to tease her by putting his finger in her vagina as well as in her mouth deep to the throat and used to beat her, and whenever she cried her father threatened her to throw her in forest by saying that there lion would eat her. On knowing all these facts, complainant checked vagina of her daughter (victim) and noticed too much swelling and redness there, whereupon her suspicion became belief that petitioner had spoiled her daughter.