RAHUL THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Se. 439 of the Code of Criminal Procedure seeking his release in case FIR No.2 of 2017, dtd. 4/1/2017, under Ss. 376, 354(A), 328, 506 IPC and Ss. 4 and 8 of POCSO Act, registered at Police Station, Nerwa, District Shimla, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. The petitioner has further averred that taking into consideration his age and the time since when he is behind the bars, he may be released on bail.

(3.) Police reports stand filed. As per the prosecution, on 4/1/2017 the child victim/prosecutrix (name withheld) made a statement under Section 154 Cr.P.C. before the police, wherein it has been alleged that she is a student of 10+1 and on 31/12/2016, after the school she was staying in her uncle's room at Bhatti Nala. On the subsequent morning, the prosecutrix did not go to her home, as her cousin sister (uncle's daughter) was alone. Around 8:15 p.m., the petitioner, who was acquainted with the prosecutrix, called her on her mobile. The petitioner was willing to come to the house where the prosecutrix was staying. Around 9:15 p.m. the petitioner came there and they (petitioner, prosecutrix and her cousin sister) remained seated near the heater. The prosecutrix felt stomach pain, upon which the petitioner gave her a pain killer and she consumed the same, however, she did not know about the said pain killer. After some time, when the prosecutrix was talking with the petitioner, she felt restlessness and giddiness. Thereafter, all of them went to sleep separately. The prosecutrix lost her consciousness. On the subsequent morning, around 10:30 a.m., the prosecutrix was awakened by her cousin, but she could not stand. At that time the petitioner was there in the room. All of them came to Nerwa and around 11:00 a.m. the cousin sister of the prosecutrix went to her house. The prosecutrix also wanted to go to her native place, however, she could not go as she forget her bag in the room of her uncle. The petitioner and prosecutrix again came back to the room for taking the bag, however, as she was still under the influence of medicine, which the petitioner gave to her, she slept in the room. The petitioner took advantage of the unconsciousness of the prosecutrix and committed rape upon her. The proseuctix was feeling intense pain and due to that she consumed 5-6 tablets of pain killer, which she was having in her purse. The petitioner also threatened the prosecutrix and then she became unconscious. When the prosecutrix regained consciousness, around 2:30 p.m., she was at Bhatti Nala. On being noticed by her neighbourers, her brother was telephonically informed, however, in the interregnum, the petitioner and cousin sister of the prosecutrix also came there and they took her to Nerwa hospital, in a private vehicle. While they were enroute, near Shawala road, brother of the prosecutrix reached and he took all of them to Nerwa Hospital. The prosecutrix was admitted in the hospital. The petitioner and cousin sister of the prosecutrix left the hospital. On 02.01.2017, the prosecutrix was referred to I.G.M.C. Shimla. On the statement of the prosecutrix, police investigated the matter and FIR was registered. The prosecutrix was medically examined and statements of the witnesses were also recorded. Section 328 IPC was added in the case. Accused was arrested and medically examined. After completing all the codal formalities, police presented the challan in the learned Trial Court. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.