LAWS(HPH)-2023-2-28

BALDEV RAJ GOEL Vs. STATE OF HIMACHAL PRADESH

Decided On February 23, 2023
Baldev Raj Goel Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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, Sec. 4 of Protection of Children from Sexual Offence (POCSO) Act and Ss. 5, 7 of Immoral Traffic(Prevention) Act, 1956.

(2.) The petitioner is in custody since 18/2/2021.

(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 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 Paonta 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 persons. It has been alleged that the petitioner was acting as a pimp for accused Shalu and was procuring customers.