LEKH RAJ 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. 48 of 2015, dated 18.07.2015, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, registered at Police Station Arki, District Solan, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 18.07.2015, complainant, Shri Madan Lal, moved a complaint before the police alleging that on 17.07.2015, around 06:00 p.m., when he returned home, his wife disclosed that their daughter (prosecutrix, name withheld) aged 14 years, is missing. Despite best efforts the prosecutrix could not be traced. The wife of the complainant further disclosed to him that the petitioner used to talk with the prosecutrix and he was also seen in and around the village area on the day of occurrence. The complainant apprehended that the petitioner took the prosecutrix. As per the complainant, the prosecutrix is minor. On the basis of the complaint, so moved by the complainant, police registered a case against the petitioner. On 18.07.2015 the prosecutrix was found with her tai at place Durgaghati. The statement of the prosecutrix was recorded, wherein she divulged that on 17.07.2015, at about 03:00 p.m. the petitioner took her for excursion. Thereafter, the petitioner took the prosecutrix to a house at Kararaghat and committed sexual intercourse with her and on 18.07.2015 he left her near Galog and said that her age is not appropriate for marriage. As per the prosecutrix, the petitioner told her that he can do anything with her family. Thus, on the basis of the statement of the prosecutrix, Sections 376 IPC and Section 4 of POCSO Act were added and Section 18 of POCSO Act was deleted.