NEERAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 136 of 2013, registered against him under Sections 363, 366 and 376 of the Indian Penal Code in Police Station, Theog, District Shimla. He has been arrested on 27.12.2013 and presently is in judicial custody.

(2.) THE Police has filed the report under Section 173 Cr. P.C. against him and the case stands committed to the Sessions Court. The same presently is at the stage of consideration of charge.

(3.) THE accused -petitioner and prosecutrix ran away from the house on 4th October, 2013. The report of her missing from the house was lodged on 6th October, 2013 by Shri Devender Verma, her father. She was recovered from village Slaich, P.O. Kotlabaghi, Tehsil Rajgarh, District Sirmaur on 27.12.2013 from the house of one Surinder Kumar, where, they both were working as domestic servants. In between the period from 4th October, 2013 till the recovery of the prosecutrix, they traveled from place to place and lived at different places, sometimes in forests also. In her statement recorded by the I.O., she has not implicated the accused, particularly with the commission of the sexual intercourse with her. In her statement recorded by Additional Chief Judicial Magistrate, Theog, on the same day also, she did not implicate the accused -petitioner, particularly with respect to the commission of sexual intercourse with her. Her custody was entrusted to her father on the same day and it is thereafter another statement has been recorded by the police, in which she implicated the accused -petitioner with the commission of the offence punishable under Section 376 IPC. The investigation in the case is complete except for obtaining reports from the Forensic Science Laboratory.