RENU DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure (for short "Cr.P.C."), has approached this Court for grant of bail in case FIR No.3 of 2021, dtd. 3/1/2021, registered under Ss. 376,370,506,376R/W, 511 read with Sec. 34 of the Indian Penal Code (for short "IPC"), Ss. 6,17,18 of the Protection of Children from Sexual Offences Act (for short "POCSO Act") and Ss. 3,4,5 of the Immoral Trafficking Act, in Women Police Station Nahan, District Sirmaur, Himachal Pradesh.

(2.) Status Report stands filed. Record was also made available.

(3.) Victim, a 16 years old girl, resident of a village in District Sirmaur, in her statement, under Sec. 154 Cr.P.C., has stated that she has four sisters born out of first wedlock of her father. Her mother, when victim was a small child, had solemnized second marriage. Thereafter, her father also solemnized second marriage and there are three children out of second wedlock of the father. Stepmother oftenly used to scold her out of anger, whereupon she left her home so many times and came to Paonta Sahib. About five months ago (from January 2021), she ran away from home and stayed in Gurudwara at Paonta Sahib for about one month and thereafter in room of her girl-friend and during interregnum her friend introduced petitioner Renu with her, who took victim to her house. Petitioner was having a daughter and a son, out of whom daughter was elder. Victim developed friendship with daughter of petitioner and started living in house of petitioner. Anil Kumar, husband of petitioner and Mukesh Kumar, the eldest brother-in-law (Jija) of victim, were working at one place, because of which Mukesh Kumar came to know that victim was residing in the house of petitioner. Petitioner used to take entire household work from the victim and used to sexually exploit her by calling boys in room and charging money from the boys for that. She became familiar with the boys by face. Thereafter, she ran away from the house of petitioner and started living in Gurudwara. In between, she was noticed by her brother-in-law Mukesh, who took her to room of petitioner and tried to violate her in that room and threatened her that in case she would run away he would violate her. After four-five days, victim ran away with purse and phone of petitioner and came to Nahan and after taking out money from the purse, threw the purse in some Bus. At Nahan, she stayed for some time at Rani Tal and some time at Billa Roud and during night, on finding gate of any house open, she used to enter in the house and to sleep on the roof/lintel and at Nahan she was not violated by any person.