MAHINDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.), seeking bail in case FIR No.13/2023, dtd. 9/4/2023, registered at Women Police Station Baddi, Police District Baddi, H.P. under Ss. 363, 366, 376(3) of the Indian Penal Code (for short, 'IPC') and Ss. 6, 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act').

(2.) Briefly stated the facts of the case, as per the status report filed by the respondent-State, are that on 9/4/2023, the complainant, i.e. the father of the victim, lodged a complaint before the police, alleging therein that on 7. 04.2023, he alongwith his wife and son had gone for work at about 7:00 a.m. His elder daughter informed him that his younger daughter (victim), who was aged about 15 years, had left the house at about 1:45 p.m., and thereafter when they came back to home, they tried to search her, but she was not found anywhere. He had suspicion that some unknown person had enticed the victim. On the basis of the said complaint, FIR under Sec. 363 of IPC was registered.

(3.) During the course of investigation, the police got a secret information that the victim was taken away by accused Kapil Yadav on the pretext of marriage, who had kept her at Ropar (Punjab). On the basis of said information, the police visited Ropar, where the victim was found alongwith accused Kapil Yadav at Jhandiyan, Nurpur Bedi, District Ropar, Punjab. On being inquired, the victim disclosed that accused Kapil Yadav had taken her and he had committed sexual intercourse with her many times. After that, on the basis of the statement of the victim recorded under Sec. 161, Cr. P.C., Ss. 366, 376(3) of IPC and Sec. 6 of POCSO Act were added in the FIR in question. Thereafter, the police got the victim medically examined, her X-ray was also conducted for age determination and report was obtained. Accused Kapil Yadav was arrested on 14/4/2023, his medical examination was also got conducted and samples were preserved. The police also got recorded the statement of the victim under Sec. 164 Cr.P.C. During investigation, the victim disclosed that on 7/4/2023, at about 1:45 p.m., accused Kapil Yadav had taken her to New Bus Stand, Nalagarh on the pretext of marriage, from where he and his father Mahinder (petitioner herein) had taken her to Haryana Organic Pharma, Jhandiya, Nurpur Bedi, Punjab. As such, Sec. 17 of POCSO Act was also added in the FIR and thereafter petitioner Mahinder was arrested on 16/4/2023. The police obtained the date of birth record of accused Kapil Yadav and he was found to be a juvenile. After completion of investigation, charge-sheet under Sec. 363 of IPC and Sec. 17 of POCSO Act was presented against the petitioner-accused before the trial Court on 7/6/2023.