KUBER THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has approached this court by way of present application for grant of anticipatory bail in case FIR No. 88/14 registered at Police Station, Gagret, District Una on 26.6.2014, under sections 376, 506, 504 IPC and section 6 of Protection of Children from Sexual Offences Act, 2012 (for short, POCSO).

(2.) The State has filed its status report and has also produced the records of investigation. The petitioner has alleged that not only he is innocent and falsely roped in this case but has leveled allegations against the prosecutrix that she is habitual of leveling such kinds of allegations in order to extort money from the people and earlier also she had filed similar cases at Jallandhar against some other person, which were later on compromised. It was further submitted that prosecutrix is working with one Subhash, who himself is a history-sheeter and conspires with prosecutrix and then blackmails the people taking advantage of the fact that date of birth of the prosecutrix is nowhere registered. It is further submitted that though the prosecutrix is not less than 20 years, but she always claims herself to be minor. The petitioner also claims that the investigating officer namely ASI Ram Kumar had submitted his report in the office of SSP Una wherein he had recommended for the closure of the case. The petitioner has also given the details of 14 cases registered against the aforesaid Subhash Chand, which include cases regarding accusation of rape and kidnapping etc.

(3.) Mr. Virender Kumar Verma, learned Additional Advocate General assisted by Ms. Meenakshi Sharma, learned Additional Advocate General has taken strong exception to the arguments of the petitioner and claimed that present case was a classical example wherein innocent minor girl had been raped and the antecedents of Subhash and other persons had to do nothing with the merits of the case. It is claimed that the prosecutrix has lodged this complaint wherein she has claimed herself to be minor and petitioner is alleged to have committed rape with her on the pretext that petitioner would marry her.