KASHIR AHMED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Kashir Ahmad, who is behind the bars since 03.09.2016, has approached this Court in the instant proceedings, filed under Section 439 Cr. P.C., praying therein for grant of regular bail in connection with FIR No. 187/16, dated 23.7.2016, under Sections 363, 366, 376 IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) , registered at Police Station Sunder Nagar, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 20th April, 2018, S.I. Vinod Kumar has come present with record. Mr. Vikrant Chandel, learned Deputy 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.) Perusal of record/status report reveals that complainant Yakub Mohmmad made a complaint to the police on 23rd July, 2016 that her minor daughter (hereinafter referred to as victim-prosecutrix) , who was studying in class plus two at Klam Azad Public School Deenak, has been kidnapped by the bail petitioner. Complainant also alleged in the complaint that bail petitioner enticed his minor daughter and eloped with her on the pretext of marriage. On the basis of aforesaid complaint having been made by the complainant Yakub Mohmmad, formal FIR, as detailed above came to be lodged against the present bail petitioner. On 31st October, 2016, Special Investigating Team recovered victim-prosecutrix from Gulm Dibba at Andhra Pradesh, where she was allegedly kept in illegal custody by the bail petitioner. Victim-prosecutrix in her statement given to Magistrate under Section 164 Cr. P.C., stated that she studies in class plus two at Klam Azad Public School Deenak, where bail petitioner is also working as a teacher. She further stated that for the last two months, bail petitioner had been compelling her to solemnize marriage with him, but when she refused, he extended threats to her. In September, 2016, when school was closed on account of vacation, bail petitioner came to house of the victim-prosecutrix and thereafter kidnapped her after administering her some intoxicant/medicine. She further stated before the Magistrate that when she regained consciousness, she found herself at Joginder Nagar in a room of a hotel. Bail petitioner kept victim-prosecutrix at Joginder Nagar in a hotel for three nights, where he sexually assaulted her against her wishes. She further stated that from Joginder Nagar, she was taken to Nurpur and Dalhousie, where they stayed for a couple of days. Bail petitioner also took victim-prosecutrix to Sharanpur, where bail petitioner allegedly raped her for three days and threatened to do away with her life. Perusal of the statement made under Section 164 of Cr. P.C. further suggests that victim-prosecutrix was also taken to Delhi, wherefrom bail petitioner took her to Gulm Dibba at Andhra Pradesh by train. As per version narrated to Judicial Magistrate by victim-prosecutrix, bail petitioner sexually assaulted her for almost 15 times against her wishes, whereafter on 31st August, 2016, police recovered victim-prosecutrix from Andhra Pradesh and arrested the bail petitioner.