RAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely, Ram Kumar, who is behind the bars w.e.f. 13th Sept., 2018, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure (for short 'Cr.P.C.) for grant of regular bail in case FIR No. 31/2018, dated 18.08.2018, under Sections 363 & 376 of the Indian Penal Code (for short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act (for short 'POSCO Act') and Sec. 6 3(1) W of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, (for short 'SC/ST Act'), registered at Police Station, Ramshehar.

(2.) Sequel to order dated 29.5.2019, ASI Yog Raj has come present alongwith the record. Mr. Ashwani Sharma, learned Additional Advocate General, has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of record/status report reveals that FIR, detailed above, came to be lodged at the behest of complainant Bant Ram, who got recorded his statement recorded under Sec. 154 Crimial P.C. alleging therein that on 17th Aug., 2018, victim/minor/prosecutrix (hereinafter referred to as 'prosecutrix') went missing and he has suspicion that some unknown person made her to elope with him. On the basis of the aforesaid statement having been made by the complainant, formal FIR, as detailed hereinabove, came to be lodged against unknown person under Sec. 363 Penal Code. Subsequently, on 25th Aug., 2018, police recovered prosecutrix from Women Police Station, Baddi. Statement of the prosecutrix was got recorded under Sec. 164 Crimial P.C. in the Court of learned Judicial Magistrate 1st Class, Nalagarh, wherein she stated that her parents wanted to marry her against her wishes and they were not ready to solemnize her marriage with bail petitioner-Ram Kumar. She further stated before the Magistrate that on 16th Aug., 2018, at about 4.30. a.m., she went to Gamberpul from her house, from where she went to Mandi. She categorically stated in her statement that no wrong has been committed upon her by bail petitioner-Ram Kumar. Subsequently, on 6th Sept., 2018, prosecutrix again got recorded her statement to the police that on 17th Aug., 2018, bail petitioner came to her house whereafter they both went to Sunder Nagar. Till 24th Aug., 2018, both petitioner and prosecutrix stayed at the house of person, namely, Meena, who happened to be friend of prosecutrix. Allegedly, during this period, bail petitioner, sexually assaulted prosecutrix against her wishes.