JITENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition under Section 439 CrPC has been filed by the bail petitioner, namely Jitender Kumar, who is behind bars since 13.6.2019, for grant of regular bail in connection with FIR No. 63/19, dated 11.6.2019, under Sections 363, 366 and 376-D of IPC, Section 4 of the POCSO Act, and 3 (2) of SC/ST Act, registered at P.S. Fatehpur, District Kangra, H.P.

(2.) Sequel to order dated 22.11.2019, SI Suresh Kumar, has come present alongwith records. Mr. Arvind Sharma, learned Additional Advocate General, has also placed on record status report prepared on Whether the reporters of the local papers may be allowed to see the judgment the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) It emerges from the record/status report made available to this Court that, on 11.6.2019, complainant Smt. Urmila Devi registered a complainant at PS Fatehpur stating therein that her minor daughter victim prosecutrix (name withheld) has gone missing. She alleged that on 9.6.2019, at about 12:00 PM, a message from mobile No. 88945-49243 was received by her elder daughter, who read the message and asked the victim-prosecutrix about the person, who sent the message. Complainant further alleged that thereafter at 7:00pm, daughter of her brother in law informed that victim-prosecutrix had gone towards a Nalla with a bag containing cloths. She further stated that on 11.6.2019, co-accused namely Sikander Singh gave a telephonic call and informed that victim prosecutrix is fine and was in Chandigarh. She alleged that her brother Bittu spoke to the person namely Sikander Singh and requested him to disclose the whereabouts of victim-prosecutrix, but co-accused not only threatened him rather, refused to disclose the whereabouts victim prosecutrix. On the basis of aforesaid complaint FIR detailed hereinabove came to be lodged under Section 363 IPC at PS Fatehpur, however, on 12.6.2019, victim-prosecutrix presented herself at PS Fatehpur. Police after recording the statement of victim-prosecutrix under Section 161 Cr.PC also got her statement recorded under Section 164 Cr.PC before the Judicial Magistrate. Victim-prosecutrix stated that present bail petitioner had given her a call and asked her to marry, but she refused to do so on account of her age. She stated that bail petitioner called her at Raja Ka Talab, where from he took her to Jalandhar. She alleged that at 12:00pm bail petitioner, sexually assaulted her against her wishes at Jalandhar and thereafter dropped her at Fatehpur Police Station. On the basis of aforesaid statement of victim-prosecutrix, police got the victim-prosecutrix medically examined and registered the case against the present bail petitioner under the aforesaid provisions of law.