VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Vinod Kumar, who is behind the bars since 3.12.2017, has approached this Court in the instant proceedings filed under Sec. 439 CrPC, praying therein for grant of regular bail in case FIR No. 69 of 2017, dated 2.12.2017, under Sections 376, 506 and 34 Penal Code and Sec. 6 of Protection of Children from Sexual Offences Act, registered at Police Station, Kasauli, District Solan, Himachal Pradesh.

(2.) Sequel to order dated 28.8.2018, ASI Madan Mohan, Police Station Kasauli, District Solan, Himachal Pradesh has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Careful perusal of record/status report suggests that FIR detailed herein above came to be lodged at the behest of complainant namely Paramjeet Kaur, who alleged that her minor daughter i.e. prosecutrix studies in Government Senior Secondary School Chamia, District Solan, Himachal Pradesh in plus one standard. She further stated that her daughter goes to school in a private bus i.e. Kaushal private bus, allegedly on 28.11.2017, complainant recovered one mobile phone from the bed of the prosecutrix, while she had gone to the school. Having noticed details with regard to calls having been made by prosecutrix, complainant made a call on mobile No. 78073- 01800 and found that her daughter was with a person namely Banti i.e. present bail petitioner. Subsequently on 2.12.2017, prosecutrix disclosed to the complainant that she knows the bail petitioner for the last one and a half years and he had provided her mobile phone one month ago. Allegedly, prosecutrix disclosed to her mother (complainant) that on 29.7.2016, bail petitioner had taken her to Hotel Anchal, Kasauli to celebrate his birthday, where taking undue advantage of her innocence, he sexually assaulted her against her wishes. Prosecutrix also disclosed to her mother that on 29.7.2017, when bail petitioner had gone out of room, to get some food, co-accused Tara Chand came into the room and sexually assaulted her against her wishes. It is further alleged that on 28.11.2017 also, bail petitioner had sexually assaulted the prosecutrix. On the basis of aforesaid statement having been made by the complainant under Sec. 154 CrPC, FIR as taken note herein above, came to be lodged against the bail petitioner and co-accused Tara Chand.