ASHA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 74 of 2017, dated 18.03.2017, under Sections 363, 366, 506, 120B of Indian Penal Code, 1860 (hereinafter referred to as "IPC"), Section 18 of Prevention of Children from Sexual Offences, Act and Sections 9 and 10 of the Prohibition of Child Marriage Act, registered at Police Station Sadar, Chamba, District Chamba, H.P.

(2.) As per the petitioners, they are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 18.02017 the prosecutrix (name withheld) got her statement recorded before the police under Section 154 Cr.PC., wherein she stated that on 04.02017, around 09:30 a.m., her aunty, Asha (petitioner in Cr.MP(M) No. 580 of 2017) telephoned her and asked to accompany her to Chamba. The prosecutrix accompanied her aunty to Chamba where petitioner, Asha, gave her two capsules, as she (prosecutrix) was ill, which she swallowed. Thereafter, petitioner, Aha, along with her mami, took the prosecutrix towards Sultanpur in a jeep like vehicle. As per the prosecutrix, she felt giddiness and she regained her consciousness at Pathankot Railway Station and she was boarded in a train. Thereafter, the prosecutrix regained her consciousness in a room at place called Gobindgarh Mandi. At that time, the petitioner (Asha), her mami and other relatives were present there. The prosecutrix asked them that why she was taken here, then they replied that they wanted to marry her. On this, the prosecutrix refused to get married, so she was locked in a room. The prosecutrix was thrashed and threatened, thus she yielded to the pressure exerted upon her and she finally agreed to marry one Rinku (co-accused), who is real brother of her aunty. On 11.02017 she was married with Rinku in a Gurudwara. Ravinder (petitioner in Cr.MP(M) No. 581 of 2017), who is elder brother of Rinku, was also present in the marriage. The prosecutrix, on 12.02017, escaped from there and met one Nisha, who along with other females, took her to police station. Thereafter, on 102017, Virnder Gupta @ Kaka, Ex. Pradhan, Subhash, Ward Member, Rakesh, Uncle and her brother took her to Chamba. As per the prosecution, due to fear she did not divulge the incident earlier. Police carried out the investigation and the prosecutrix was medically examined. Statements of the witnesses were also recorded. All the accused, involved in the commission of the crime, were arrested. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. During the course of investigation spot map was prepared and recoveries were made. As per the prosecution, the investigation in the case is complete and challan is under scrutiny. Lastly, the prosecution has prayed that the bail applications of the petitioners may be dismissed.