SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in case FIR No. 226 of 2020, dtd. 1/11/2020, registered in Police Station West Shimla, District Shimla, H.P. under Ss. 341, 342, 323, 370, 374, 376, 34 of the Indian Penal Code (for short 'IPC ') and Ss. 75, 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 4 of Protection of Children from Sexual Offences Act (for short POCSO).

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

(3.) Prosecution case is that on 1/11/2020, Police received an information that a small girl has been employed as a domestic help by one Brij Lal Puri. For verification of the fact, Sub Inspector alongwith Lady Constable visited the house of Brij Lal Puri and recovered the victim who disclosed that she was resident of Madhya Pradesh and her cousin (son of Chacha), prior to lockdown, 7-8 months ago had left her there and since then she was doing domestic work in the house of Brij Lal Puri. It was found that Brij Lal Puri and his wife Aarti Puri had refrained and restrained the child in their house without any written agreement or consent of her guardian and they also did not informe the Police about keeping her. The child was having little knowledge of Hindi, and suspecting a case of physical and mental harassment, she was recovered and taken in custody. Considering facts and circumstances, on the basis of rukka sent to the Police Station, FIR was registered under Ss. 341, 323, 34 of IPC, 75 and 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 4 of POCSO Act. Thereafter, further investigation was carried out in presence of Child Helpline Members Smt. Babita and Sanjeeta and victim was sent for medical examination to IGMC, Shimla. In ossification test of the victim, her age was confirmed between 12 and 14 years. Victim was produced before Child Welfare Committee and after obtaining order of keeping her in Child Care Institute, Tutikandi she was handed over to custody of the said institute.