PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of F.I.R. No. 19 of 2020, dtd. 25/3/2020, registered at Police Station Renukaji, District Sirmour, H.P., for the commission of offences punishable under Ss. 376 and 506 of Indian Penal Code (IPC) and Sec. 4 of the Protection of Children from Sexual Offences Act (POCSO) and the consequential proceedings arising out of the FIR (the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the victim (name being withheld to protect her identity) made a complaint to the Superintendent of Police, Shimla, asserting that the accused, Prakash, used to tease her and talk indecently with her. He used to follow her whenever she went to graze the goats. She was present in the Ghasni on 2/1/2020 at 3-4 p.m. when the accused came to the Ghasni and raped her. She shouted for help, but there was no one to help her. The accused threatened to kill her in case she revealed the incident to any person. She got frightened and could not reveal the incident to any person. She stopped menstruating, and her parents became suspicious. She revealed the incident to her parents. The police sent the FIR to Police Station Renukaji, where the incident had taken place. An FIR No.19 of 2020 was registered at the Police Station Renukaji. The police conducted the investigation and filed a charge sheet.

(3.) Being aggrieved by the registration of the F.I.R. and filing of the charge-sheet, the petitioner has filed the present petition for quashing of the F.I.R. and consequential proceedings arising out of it. It has been asserted that the victim was taken to the hospital for her medical check-up. No pregnancy was detected. The victim's father went to the Police Station Renukaji on 3/4/2020 and stated that the victim had aborted the fetus. She was taken to the hospital and was medically examined. The Medical Officer opined that the victim never got pregnant and no abortion had taken place. This shows that the petitioner was falsely implicated. There is no possibility of succeeding in the case. Hence, it was prayed that the present petition be allowed and the FIR be quashed.