SHANKAR LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 24 of 2024, dtd. 5/12/2024, for committing offences punishable under Ss. 64(2) M, 65(2), and 351(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS) and Sec. 6 of the Protection of Children from Sexual Offences Act ('POCSO Act') at Women Police Station BCS, Shimla, H.P.

(2.) It has been asserted that the petitioner was arrested on 5/12/2024. The victim and her mother have been examined The petitioner had filed the bail petition before this Court, which was registered as CrMP (M) No. 133 of 2025, however, the same was dismissed. The petitioner is innocent, and he was falsely implicated. The statements of the witnesses have been recorded, and no fruitful purpose would be served by detaining the petitioner in custody. The vic im improved and contradicted her statement. There is a prope ty dispute between the parental family of the informant and the family of the accused. The petitioner was falsely implicated due to enmity. The victim's medical examination did not find any evidence of sexual assault. The petitioner belongs to a respectable Sec. of society. He would abide by the terms and conditions that the Court may mpose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the victim's mother made a complaint to the police stating that she had visited her parental home on 30/11/2024 with her children. The petitioner is her cousin. The victim had gone to the petitioner's house on 1/12/2024 and returned at 4:00 pm. She appeared to be frightened. The informant enquired from the victim, but the victim did not reveal anything. The informant again made inquiries from the victim in the night, and the victim disclosed that the petitioner had raped her. The informant was shocked and asked the victim again. The victim reiterated her earlier statement. The victim is aged 7 years and her date of birth is 11/8/2018. The police registered the FIR. The victim was medically examined, and as per he report of the Medical Officer, the possibility of sexual assault could not be ruled out. The final opinion was reserved till the receipt of the report from FSL. The police arrested the petiti ner, and as per the report of the Medical Officer, there was nothing to suggest that the petitioner was incapable of performing sexual intercourse. The victim disclosed that she had taken the photographs from the petitioner's mobile phone. These were sent to FSL, and as per the report, photographs and obscene data were found in the petitioner's mobile phone. The petitioner's photograph matched the photographs found on his mobile phone. Another report from FSL shows that no blood or semen was found in the articles collected by the police from the spot. The petitioner had committed a heinous crime. The police have filed the charge sheet against the petitioner. The prosecution has cited 37 witnesses, out of whom 10 witnesses have been examined. The matter was listed on 25/9/2025; hence, the status report.