AMIT KUMAR 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, 1973 seeking his release in case FIR No. 155 of 2016, dated 16.08.2016, under Sections 363, 366, 376, 506 of Indian Penal Code, 1860 (for short "IPC") and Sections 4 and 6 of POCSO Act, registered at Police Station Palampur, 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 16.08.2016, Smt. Sushma Sharma (complainant), by way of filing a complaint, reported to the police that her daughter (prosecutrix) studies in 10+1 in Crescent School Banuri and the petitioner was her classmate. On 22.02.2016 the petitioner told the prosecutrix that today is his birthday and they will celebrate it at Jogindernagar along with other friends. The petitioner forcibly took the prosecutrix through a bus to Jogindernagar and thereafter he took her to a room, where he gave her some white juice. When the prosecutrix asked about the other friends, then the petitioner did not allow her to make calls. Thereafter, the petitioner started doing vulgar acts with her and he left her at Banuri and also threatened her. The petitioner, through telephonic calls, also threatened to defame the prosecutrix. The petitioner also black mailed the prosecutrix that he will upload her recording on social site. The police, acting upon the complaint of the complainant, registered an FIR under Sections 376, 506 IPC and Section 4 of POCSO Act. The police got conducted the medical examination of the prosecutrix. The statements of the witnesses were also recorded. The accused was arrested on 16.08.2016 and his medical examination was also conducted. The statement of the prosecutrix was also recorded under Section 164 Cr.P.C., 1973 The chemical analysis report revealed that sexual assault on the prosecutrix. The investigation further unearthed that the petitioner sexually assaulted the prosecutrix on 22.02.2016 and 03.06.2016 at different places. The police visited the spots of occurrence and got the same photographed. The proceedings were video-graphed and date of birth certificate of the prosecutrix was also obtained, as per which she was born on 01.01.1999. Call details were obtained, which revealed that the petitioner used to call the prosecutrix from his mobile No. 82639-32995. Mobile, SIM card and memory card of the petitioner were also taken into possession and were sent for print outs to RFSL, Dharamshala, and after obtaining the same, supplementary challan was presented in the Court. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.