BITTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Bittu, who is behind bars since 5.3.2018, has approached this Court by way of instant proceedings, filed under Section 439 of Cr.PC, seeking therein his regular bail in case FIR No. 22/18 dated 1.3.2018, under Section 376 of IPC and Section 4 of POCSO Act, registered at PS Tissa, District Chamba, HP.

(2.) Sequel to order dated 4.2018 passed by this Court, ASI Sat Pal, I/o P.S. Tissa, District Chamba, HP, has come present in Court alongwith record of the case. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency.

(3.) Close scrutiny of the record/status report reveals that on 1.2018, complainant namely Brij Lal, made a complaint to the police, stating therein that on 2.2.2018, his wife namely Guddo, disclosed that on 25.2.2018, her daughter had gone at a distance of half a kilo meter for fetching water. When victim was in process of taking water from the source, allegedly bail petitioner came from the back side and taking undue advantage of innocence of victim, who at that relevant time was 10 years old, made an attempt to sexually assault her. Since victim raised hue and cry, her aunt namely Kamali, who at that relevant time, was collecting fuel woods in the Jungle, came to the spot and rescued the victim. Allegedly, bail petitioner fled from the spot after having seen above named person coming to the spot. Subsequently, victim disclosed to her Bua i.e. Kamali that the bail petitioner namely Bittu took her towards Jungle and after having gagged her mouth opened her Pajama. On the basis of aforesaid complaint, formal FIR as detailed herein above, came to be lodged against the bail petitioner and since 5.2018, bail petitioner is behind the bars.