RAVI KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 of Cr.P.C. lays challenge to order dtd. 18/4/2022, passed by learned Additional District & Sessions Judge, Fast Track Special Court, Solan, H.P., in Case No. 30-S/7 of 2021, titled as State Vs. Ravi Kumar, whereby petitioner came to be charged for his having committed offence punishable under Sec. 354-D of IPC and Sec. 11(iv) as punishable under Sec. 12 of the POCSO Act.

(2.) Precisely, the facts as emerge from the record are that complainant/victim/prosecutrix (name withheld), lodged a complaint to the In-charge Police Chowki, Bhojnagar, Police Station Parwanoo, District Solan, H.P., dtd. 21/7/2021 (Annexure P-1), alleging therein that for the last so many days, petitioner-accused (hereinafter referred to as 'the accused') has been stalking her. Prosecutrix further alleged that repeatedly accused compelled her to solemnize marriage with him, which offer was rejected by her, but yet, accused stalks her, as a result of which, she is under mental trauma. Prosecutrix further alleged that on 19/7/2021, while she was grazing her cattle, at around 3:30 pm, accused came on the spot and persuaded her to elope with him with a view to solemnize marriage. In the aforesaid background, FIR No. 59/2021 dtd. 21/7/2021 came to be lodged against the accused under Sec. 354-D of IPC. Since, after lodging of FIR, as detailed herein above, prosecutrix, while making deposition under Sec. 164 of Cr.PC before the Magistrate alleged that on 19/7/2021, accused had grabbed her hand, Sec. 11(iv) as punishable under Sec. 12 of POCSO Act came to be incorporated in the FIR.

(3.) After completion of investigation police presented challan in the competent court of law, which being convinced that prima facie case is made out against the accused on the basis of material adduced on record along with final report filed under Sec. 173 of Cr.PC, charged the accused for his having offence committed under Sec. 354-D of IPC and Sec. 11(iv) as punishable under Sec. 12 of the POCSO Act.