AFGAN MIYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No.31 of 2023, dtd. 10/4/2023, under Ss. 354(A), 354(D), 506 IPC and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') registered at Police Station, Arki, District Solan, H.P. He is in custody since 10/4/2023.

(2.) The matter was reported to the police by the mother of child victim on 9/4/2023. It was reported that the petitioner was indulging in indecent activities towards the minor daughter of complainant for the last 2-3 months. It was also alleged that a week prior to the date of reporting of the matter to the police, the petitioner had caught the child victim from hand and had slapped her near water source. The child victim did not disclose anything to the complainant till 9/4/2023, on which date, the child victim had again visited the water source to fetch water at about 4.30 p.m. She was being followed by the complainant. The petitioner fled from the scene when he noticed the complainant, but he was over-powered by the complainant, her husband, brother-in-law and his wife. On the above complaint, the case was registered and the petitioner was arrested. During investigation, the statement of child victim was recorded under Sec. 164 Cr.P.C. The child victim is stated to be 17 years 2 months old. The investigation is complete and the report under Sec. 173 (2) Cr.P.C. is in the process of being submitted.

(3.) The petitioner has prayed for grant of bail on the ground that he is innocent and has committed no offence. He has been residing in the area for last many years and there has been no previous complaint against him. The petitioner has been implicated in a false case for ulterior motives. The family of the complainant is having inimical relations towards the petitioner.