JAGAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 45 of 2014 dated 03.08.2014 registered under Section 354(A) of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act 2012 registered in Police Station Nahan District Sirmaur H.P.

(2.) It is pleaded that applicant is carpenter by profession and is living in village Lalag Tehsil and Police Station Sangrah District Sirmaur H.P. It is pleaded that applicant has been falsely implicated in present criminal case. It is further pleaded that there is considerable delay in lodging FIR for more than 30 hours. It is further pleaded that minor prosecutrix is related to accused by way of family relations. It is further pleaded that minor prosecutrix is niece of applicant and there are pious relations between the minor prosecutrix and accused. It is further pleaded that there are strained relations between family members of minor prosecutrix and accused on account of property dispute. It is further pleaded that partition suit is pending between the relatives of minor prosecutrix and accused. It is further pleaded that relatives of minor prosecutrix are under the influence of one Bhau Singh son of Shri Bali Ram resident of village Lalag P.O. Barol Tehsil Sangrah District Sirmaur and Bhau Singh remained Pardhan of Gram Panchayat Barol Tehsil Sangrah District Sirmaur during the year 2001-2005. It is further pleaded that during the year 2001-2005 the applicant was the BDC member of Ward Barol Block Sangrah District Sirmaur and it is further pleaded that during the year 2001-2005 Bhau Singh committed financial irregularities and complaint was filed against Bhau Singh at the instance of petitioners by Hiro Devi and Mani Ram and applicant was witness to such complaint. It is further pleaded that on the basis of complaint Bhau Singh was placed under suspension and case against Bhau Singh is still pending in BDO office Sangrah. It is also pleaded that Bhau Singh has enmity against the applicant. It is further pleaded that there was rumour in the village that minor prosecutrix was missing from her house and applicant has also recorded all suspicious calls. It is further pleaded that applicant has also recorded telephonic conversation in order to prove his innocence. It is further pleaded that applicant has also handed over audio CD to Ms. Sunita Verma who was probably ASI in police. It is further pleaded that Investigating Officer be directed to take into evidence the audio recording of telephonic conversation. It is further pleaded that applicant will not influence the prosecution witnesses and will join the investigation of case. Prayer for acceptance of anticipatory bail application sought.

(3.) Per contra police report filed. As per police report FIR No. 45 of 2014 dated 3.8.2014 under Section 354A IPC and Section 8 of The Protection of Children from Sexual Offences Act 2012 was registered. There is recital in police report that on dated 11.7.2014 at 7 PM minor prosecutrix went to urinate in the field and immediately accusedapplicant came from behind and caught the arm of minor prosecutrix and pushed her. There is further recital in police report that accused told the minor prosecutrix that if she would surrender voluntarily to the sexual desire of applicant then he would not harass the minor prosecutrix. There is further recital in police report that accused further told minor prosecutrix that if she would not voluntarily surrender to the sexual desire of applicant then accused would harass minor prosecutrix in such a manner that minor prosecutrix would not be in a position to face the society. There is further recital in police report that accused pressed the breast of minor prosecutrix and also touched body of minor prosecutrix from top to bottom and also inflicted teeth bite injury upon the cheeks of minor prosecutrix. There is further recital in police report that thereafter accused removed salwar of minor prosecutrix and thereafter minor prosecutrix cried in loud voice and on hearing cries of minor prosecutrix maternal grandfather of minor prosecutrix came out. There is further recital in police report that maternal grandfather of minor prosecutrix inquired from accused about his presence. There is further recital in police report that thereafter accused went to residential house and brought his sons namely Roshan Lal and Vijay Singh. There is further recital in police report that accused came with darat (Sharp edged weapon) in his hand. There is further recital in police report that thereafter entire family members of minor prosecutrix came at the place of incident and thereafter accused fled away from the place of incident. There is further recital in police report that thereafter minor prosecutrix and her family members went to the house of Mohan Lal. There is further recital in police report that thereafter Mohan Lal informed the police officials and police officials told to record the complaint on the next day. There is further recital in police report that on the next day minor prosecutrix and her family members came to their residential house and on dated 12.7.2014 applicant/accused saw the minor prosecutrix and told the minor prosecutrix that on the previous day she fled away but on dated 12.7.2014 minor prosecutrix would not be able to flee anywhere. There is further recital in police report that thereafter minor prosecutrix narrated the incident to her maternal grandfather. There is further recital in police report that thereafter minor prosecutrix along with her family members went to village Mandhoni and thereafter matter was reported to the police at 8 PM. There is further recital in police report that minor prosecutrix and family members could not come to police station due to financial problem and thereafter on dated 13.7.2014 report was lodged in police station. There is further recital in police report that after registration of FIR site plan was prepared and statement of prosecution witnesses recorded under Section 161 Cr.P.C. There is further recital in police report that statement of minor prosecutrix was recorded under Section 164 Cr.P.C. before the Judicial Magistrate, Nahan. There is further recital in police report that age of accused is 48 years and age of minor prosecutrix is 14 years and accused had committed sexual assault upon the minor prosecutrix. Prayer for rejection of anticipatory bail application sought.