SAGAR TOMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought regular bail in case FIR No. 130/2015, registered at Police Station, Paonta Sahib, District Sirmaur, on 06.05.2015 under Ss. 363, 366A, 376 IPC and Sec. 4 of POCSO Act.

(2.) The respondents have produced the records of investigation and have also filed the status report.

(3.) In brief, the prosecution story as revealed from the challan filed by the prosecution is that the prosecutrix was studying in 10+2 Class in Senior Secondary School, Majra. On 05.05.2015, she went to the school at around 8.45 a.m., but did not return. This constrained her father to lodge a missing report and ultimately on the basis of the tower location, the prosecutrix was recovered on 26.05.2015 from the custody of the petitioner as she had been residing with him ever since 05.05.2015. The record reveals that the parties are not strangers and that is why they had been residing together. It is also borne out from the record that the prosecutrix has attained the age of discretion as she is more than 16 years of age.