ABHINAY SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 Cr.PC, prayer has been made by the bail petitioner for grant of regular bail in case FIR No. 111 of 2022 dtd. 26/9/2022, under Ss. 376 and 506 of IPC and Ss. 6 and 12 of POCSO Act, registered at PS Gagret, District Una, H.P.

(2.) Respondent State has filed the status report in terms of order dtd. 20/1/2023 and ASI Shashi Pal, PS Gagret, District Una, has also come present with records. Records perused and returned.

(3.) Perusal of status report/record reveals that on 26/9/2022, police station Gagret received a complaint regarding sexual harassment from victim-prosecutrix (name withheld), wherein she alleged that present bail petitioner, who at that relevant time was teacher at Government Degree College Daulatpur, Una, has been sexually harassing her against her wishes. Complainant alleged that bail petitioner repeatedly harassed her and when she objected, he threatened to award less marks in the internals. She alleged that subsequently, she was suspended from the class by the bail petitioner. Victim-prosecutrix also alleged that taking undue advantage of her innocence and minority, bail petitioner repeatedly sexually assaulted her against her wishes and also clicked her obscene photos. After having received aforesaid complaint, police recorded the statement of victim-prosecutrix under Sec. 161 CrPC on 27/9/2022, wherein she alleged that in the month of April, 2022, she was raped forcibly against her wishes at Kohinoor Hotel, Una. In the aforesaid background, police lodged FIR detailed hereinabove against the bail petitioner under Ss. 376 and 506 IPC and Ss. 6 and 12 of the POCSO Act.