NARAYAN SINGH Vs. STATE OF H.P.

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. 03 of 2017, dated 21.01.2017, under Sections 376, 506 of the Indian Penal Code, 1860 (for short "IPC") and Sections 6 and 10 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") registered at Women Police Station, Mandi, District Mandi, 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, 21.01.2017 the prosecutrix, who is a minor (name withheld) , accompanied by her mother reported to the police that she is studying in 7th Class in Government Senior Secondary School, Galma. As per the prosecutrix, her parents have taken divorce and she lives with her father, younger brother and 'taya'. In the month of February, 2016, the father of the prosecutrix (petitioner herein) came in her room and sexually assaulted her. Thereafter, the petitioner sexually assaulted her daily and she did not divulge this fact to anyone, as he had threatened her. In July, 2016, the petitioner married another lady and whenever the step mother of the prosecutrix was away to her parents' house, the petitioner committed sexual assault on her. The prosecutrix has further alleged that 2-3 months back, when no one was present in the house, her 'taya' came and inappropriately touched in her private parts and also threatened her. On 20.01.2017, the prosecutrix came to her nani's house and narrated the entire episode to her nani. The investigation in the case was conducted. The prosecutrix and the accused were medically examined. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. The petitioner and another accused were arrested. The co-accused was released on bail by this Hon'ble Court. After completion of the investigation the challan was presented in the learned Trial Court. Now, the case is listed before the learned Trail Court on 12.2018 for prosecution evidence. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.