ANKUSH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking regular bail under Sec. 439 Cr.P.C. in case FIR No. 66 of 2021, dtd. 20/5/2021, registered in Police Station Rekongpeo, District Kinnaur, H.P. under Ss. 363, 366A, 376, 376D, 120B of the Indian Penal Code (in short "IPC ") and Ss. 4 and 17 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act ").

(2.) Status Report alongwith State Forensic Science Laboratory Report including DNA Profiling report stands filed. Statements of victim recorded under Sec. 164 Cr.P.C. as well as statements of PW-1 father of victim and PW-2 child victim, recorded in the Court have also been placed on record.

(3.) As per status report on 20/5/2021, on the basis of complaint submitted by father of victim in Police Station, FIR was registered, whereby complainant had reported that on 19/5/2021, his daughter X, aged 14 years was in the room till 3:30 P.M. alongwith her brother. At that time, he and his wife were not at home. After receiving a phone call from Vinod and Ankush on mobile phone of her girl friend, his daughter went out of the room after writing a note on a page of her copy. His daughter was not having phone, however sometimes she was possibly, using of phone of her brother. He expressed probability of kidnapping of his daughter by Vinod and Ankush by calling her through mobile phone of Disha, as his daughter was not traceable.