RAVI RAJ NEGI Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 4 of 2021 dtd. 4/1/2021 registered at Police Station, Rampur Bushahr, District Shimla, H.P. under Sec. 376 and 506 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act. Petitioner is in custody since 4/1/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. on the grounds that petitioner is innocent and has committed no offence. The implication of the petitioner is with ulterior motives. The victim while appearing as prosecution witness has not supported the case of the prosecution. Petitioner is a young man of 20 years of age and has no past criminal history. It has been contended on behalf of the petitioner that he shall not tamper with the prosecution evidence, if released on bail. Petitioner has undertaken to abide by all the conditions as may be imposed against him.

(3.) On notice, the respondent-State has submitted the status report. It has been stated that on 4/1/2021, the victim aged 16 years submitted a written compliance at police station in presence of her mother alleging that on 3. 1.2021 at about 7.00 a.m. she had gone to Paat Bangla ground for running. At about 8.30 a.m. petitioner sent a message on face-book account of victim and after sometime contacted the victim through video call. Victim was invited by the petitioner to his room. On refusal, she was threatened of being exposed before the Coach as well as her mother. She visited the room of the petitioner where she was subjected to forcible sexual assault by the petitioner and was threatened not to disclose the matter to anyone. On next day i.e. 4/1/2021, she disclosed the incident to her mother and consequently, a report was lodged. Petitioner was found to be less than 16 years of age at the time of commission of alleged offence. Petitioner was arrested. The investigation was complete and challan was submitted before learned Special Judge, Kinnaur at Rampur Bushahr on 2/3/2021.