BALVIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Cr.P.C. for enlarging him on bail in case FIR No. 68 of 2021 dtd. 12/9/2021, registered in Police Station Chopal, District Shimla, H.P. under Ss. 376, 342,34 of Indian Penal Code (for short "IPC ") and Sec. 4 of Prevention of Children from Sexual Offences Act (for short " POCSO Act ").

(2.) Status Report stands filed and record has also been produced.

(3.) As per status report, prosecution case is that on 11. 9.2021, 16 years old victim was called by her aunt (Bua) in another village whereupon victim started for village of her aunt. But when victim found that it was too late to go to village of her aunt, she started to return. At that time, a truck came from Matal side and driver of the truck gave lift to her. Apart from driver, one more person was also in the truck. On the way, in the forest, truck driver parked the truck at the side of the road and got off the truck to tie tarpaulin. At that time, the other person, i.e co-accused Dinesh, violated the person of victim in the cabin of the truck and, thereafter, driver of the truck came in the cabin of the truck and caught the girl by hand, but victim rescued herself from the clutches of the driver and came out of truck and took lift in a car to flee from spot and reached Laani, where she met Arun, a Teacher, who on noticing that victim was disturbed, enquired about the reason for that, whereupon victim disclosed the incident to him, in turn Arun informed one Ganesh about it who informed Deepak, brother of the victim, telephonically. Deepak informed parents of the victim, who came to Laani. Thereafter entire episode was narrated by the victim to her parents. As it was too late, therefore, matter was reported to police on next morning leading to registration of FIR. Statement of victim was also recorded under Sec. 164 of Cr.P.C wherein she reiterated the incident as recorded in the FIR.