SUBHASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 96 of 2016, dated 14.07.2016, under Sections 376, 506 IPC read with Section 4 of POCSO Act, 2012, registered at Police Station, Baijnath, District Kangra, H.P.

(2.) As per the petitioner, he is innocent and he has committed no offence. The petitioner has further prayed that he may be released on bail, as he is behind the bars for the last more than eight months.

(3.) Police reports stand filed. As per the prosecution story, on 14.07.2016, mother of the prosecutrix telephonically informed the police that her daughter has been raped by the petitioner and appropriate action be taken. Police went to the place of occurrence and statement of the complainant (mother of the prosecutrix) under Section 154 Cr.P.C. was recorded. As per her statement, on 14.07.2016 she had gone for labour work and her daughter (prosecutrix, name deliberately withheld) was all alone in the house. When the complainant reached home at 6:15 p.m. the prosecutrix disclosed to her that she was sexually assaulted by the petitioner and she was also threatened by the petitioner. The complainant disclosed that the age of her daughter is 10½ years. On the statement of the complainant, a case under Sections 376, 506 IPC and Section 4 POCSO was registered against the petitioner. Prosecutrix was medically examined and statements of the witnesses were also recorded. Statement of the prosecutrix under Section 164 Cr.P.C. was also recorded. All codal formalities were completed. Accused was arrested on 15.07.2016 and since then he is in judicial custody. RFSL report qua the blood sample of the petitioner has been received. As per the medical report of the prosecutrix, possibility of sexual assault is not ruled out. Lastly, the prosecution has prayed that as the petitioner has committed a heinous crime and his bail application may be dismissed.