GULSHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 58 of 2016, dated 01.04.2016, under Sections 363, 366, 376(1) Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station, Kangra, District Kangra, H.P.

(2.) As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and no purpose will be served by keeping him behind the bars.

(3.) Police report stands filed. As per the prosecution story, complainant Raj Kumar by made a complaint, dated 01.04.2016, to the police alleged that on 31.02016 his daughter, aged about 13 years, went on to school for her 6th class result, however, she did not return. She was searched in the near relation and it was suspected that she was kidnapped by someone. It is further contended that earlier on 02.09.2014, complainant came to the police station alleging that wrong act had been done with his daughter and he wanted to medically examine her. As per the statement of the prosecutrix, she was subjected to sexual intercourse by the petitioner without her consent on the pretext of marrying her. It has further come in the prosecution story that a MMS of the prosecutrix was also prepared by the petitioner and his uncle. The petitioner was arrested on 02.04.2016 since then he is in judicial custody.