VEER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 151 of 2019 registered under Sections 363 , 363-A , 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter in short referred to as POCSO Act). FIR was registered at Police Station Anni, District Kullu on 3. 12. 2019. Interim protection was granted to the petitioner on 06. 12. 2019 under Section 438 Cr. P. C.

(2.) I have heard Sh. Vijay Chaudhary, learned counsel for the petitioner and Sh. Anil Jaswal, learned Additional Advocate Whether reporters of Local Papers may be allowed to see the judgment? General for the State. I have also gone through the status report filed today by the respondent-State, which is taken on record and the record produced today by SI Dharam Singh, SHO P. S. Anni, District Kullu to the extent it was necessary for adjudication of this petition.

(3.) As per the status report and record, the prosecutrix filed a complaint to the police on 03. 12. 2019 to the effect that:- she was a student of B. A Ist year; on 05. 11. 2019, while she was in college at around 11 o'clock, the petitioner called her and impressed upon her to meet him on the road or else he would come to college to defame her; under this threat, the prosecutrix went to meet him at Haripur road from where, petitioner took her along with him; prosecutrix thereafter went and accompanied the petitioner in a vehicle driven by someone else; petitioner asked the prosecutrix to break her sim-card; petitioner took the prosecutrix to his friend's quarter ahead of 'Karsog'; prosecutrix did not know specific name of the said place; petitioner's friend was not there in the quarter; bail petitioner committed sexual intercourse with the prosecutrix there; both of them stayed in that quarter for three days; the petitioner continued ravishing and torturing the prosecutrix; on 08. 11. 2019, the bail petitioner brought prosecutrix to his home at village Ghumui where she stayed till 01. 12. 2019. Prosecutrix accompanied the bail petitioner and his mother to a temple on 01. 12. 2019 where she met her classmate and talked to him; infuriated, petitioner tried to hit her, but was stopped by his mother; on reaching home, the prosecutrix ran away from petitioner's home; she called her mother on phone and explained all the happenings; where after, she was brought by her mother and uncle and lodged the instan FIR.