AKASH SAGAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No.78/22, dtd. 14/8/2022, registered under Ss. 363, 366, 366-A, 376, 376D, 120B of the Indian Penal Code and Ss. 4 and 6 of the POCSO Act, 2012, at Police Station, Gohar, District Mandi, H.P.

(2.) The petitioner is in custody since 26/8/2022.

(3.) Brief facts of the case are that on 14/8/2022, complainant-Shri Bodh Raj, reported to the police that his daughter (minor) had left the home at about 10:30 p.m. on 12/8/2022. It was suspected that she had been kidnapped by someone. The case was registered and investigation started. During investigation, the victim was recovered on 25/8/2022 from the house of petitioner at Agra in Uttar Pradesh. It has been concluded during investigation that one Bal Krishan @ Sahil Sharma, a co-accused in the case had taken the victim out of guardianship of her parents under a promise to marry her. The petitioner being a friend of Bal Krishan @ Sahil Sharma, had helped him in enticing away the victim and had also allowed his house at Agra, to be used as shelter for them. As per the case of the police, the victim was handed over to her father. She in her statement given to the police and also recorded, under Sec. 164, Cr. P.C, had alleged that Bal Krishan @ Sahil Sharma, had taken her with a promise to marry. She was known to Bal Krishan @ Sahil Sharma for about two months. She was also provide with mobile phone by Bal Krishan @ Sahil Sharma, through which, she had been in constant touched with him. On the asking of Bal Krishan @ Sahil Sharma, she had left her home on 12/8/2022 at about 10:30 p.m. and had reached the place known as Tunna, where both the accused persons were waiting for her in a taxi. They all firstly visited Mandi and stayed there, thereafter, they went to Sundernagar and finally to Agra. The victim further alleged that at Agra, co-accused Bal Krishan @ Sahil Sharma, had committed sexual intercourse with her twice.