HUKAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is accused in case FIR No. 13 of 2021 dtd. 30/1/2021, registered at Police Station Majra, Tehsil Paonta Sahib, District Sirmour, H.P Under Ss. 363,366-A,376 Indian Penal Code and Sec. 4 of Protection of Children from of Sexual Offence (POSCO) Act and Ss. 5, 7 of Immoral Traffic(Prevention) Act, 1956.

(2.) The petitioner is in custody since 28/2/2021.

(3.) Brief facts are that on 30/1/2021 a case was registered at Police Station Majra Tehsil Paonta Sahib, District Sirmour, at the instance of the mother of the victim. It was alleged that the victim was aged about 16 years and 4 months only and on On 28/1/2021, the victim had left the home without informing any one. She was missing and was not traceable. On 31/1/2021, the complainant visited the Police Station along with the victim. On 1/2/2021, the statement of the victim under Sec. 164 of Cr.P.C was recorded before learned Judicial Magistrate First Class, Court No. 2 Poanta Sahib. After investigation, it was concluded that the victim was enticed by one of the co-accused named Shalu and her person was used for immoral trafficking. The victim remained in custody of accused Shalu from 28/1/2021 to 31/1/2021 and during this period the victim was subjected to sexual assaults by different people including the petitioner. It has been alleged that the petitioner was identified by the victim from his D.P on the mobile phone.