JAGDISH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for grant of bail under Sec. 439 of the Cr.P.C.

(2.) The allegations against the petitioner is that he has been indulging in purported sorcery on the pretext of curing the health problem of masses. The mother of the victim herein was also getting cure for her headache from petitioner. On 15/3/2022, the victim had accompanied her mother to the premises of petitioner and on that day petitioner had committed sexual intercourse with the victim by infuencing and terrorizing the victim on the basis of his purported super natural powers. The matter was reported to the police on 21/3/2022. As regards delay in reporting the matter, an explanation has been rendered to the efect that the victim was so terrorized and afraid that she could not disclose the fact to her mother. The victim thereafter visited her elder sister at Chandigarh and disclosed the entire episode to her on 18/3/2022. The sister of the victim then informed her mother and the victim returned to her mother on 20/3/2022 and the matter was accordingly reported on 21/3/2022.

(3.) On completion of investigation, challan was presented. The petitioner has been charged under Ss. 376, 506 of the IPC and and Sec. 4 of Protection of Children from Sexual Ofences (POCSO) Act. The petitioner is facing trial and the prosecution evidence has partially been recorded.