ROHIT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petitions for seeking regular bail. It has been asserted that the petitioners were arrested for the commission of offences punishable under Sec. 363, 376DA of the Indian Penal Code (IPC) and Ss. 4, 6 of the Protection of Children from Sexual Offences Act, 2012 ((in short 'POCSO Act') vide F.I.R. No. 22 of 2024, dtd. 7/2/2024 registered at Police Station Poanta Sahib District Sirmour, H.P. The petitioners have been falsely implicated and there is no legal evidence against them. There are huge discrepancies in the complaint filed by the prosecutrix's mother and the statement of the victim under Sec. 164 of Cr.P.c. The victim denied that the accused had done something wrong with her. The petitioners are innocent and law-abiding citizens. They do not have any criminal history. No useful purpose would be served by keeping them in judicial custody. Hence, the present petition.

(2.) The petition is opposed by filing a status report asserting that the victim's mother made a complaint to the police stating therein that the victim had gone to her friend's house on 5/2/2024, however, she did not return during the night. The victim returned on 6/2/2024 at 8:00 a.m. She revealed on enquiry that when she was returning to her home, petitioner-Rohit asked her to board the vehicle. He told her that he would drop her but he took her to some other place. One person accompanied the petitioner and both of them raped her. The police registered the F.I.R. and conducted the investigation. The police seized the vehicle, which was identified by the victim. The police recovered one blanket and pillow. The police arrested the petitioner and coaccused. The petitioner's clothes were seized by the police. As per the date of birth certificate, the victim was born on 12/9/2010. She was aged 13 years, 4 months and 26 days on the date of the incident. The mobile phone of the petitioner and the co-accused were seized. The clothes were preserved by the Medical Officer and these were sent to SFSL, Junga. As per the report of the analysis, human semen was detected on the underwear of the victim, undergarments of petitioners Rohit and Rajesh Kumar, the T-shirt of petitioner Rajesh Kumar, blanket recovered from the vehicle and the lower of the victim. The challan has been prepared and presented before the Court. Hence, it was prayed that the present petitions be dismissed.

(3.) I have heard Mr Deepak Kaushal, learned Senior Counsel assisted by Mr Abhishek Verma, learned counsel for the petitioner(s) in both the petitions and Mr. Ajeet Sharma, learned Deputy Advocate General for the respondent-State and Mr. Amit Sharma, learned counsel for the victim.