HARISH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Harish Chand, who is behind the bars since 29.7.2019, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 159, dated 19.7.2019, under Ss. 376 and 313 IPC and Section 4 of Protection of Children from Sexual Offences Act, registered with Police Station, Sadar, Shimla, Himachal Pradesh.

(2.) Sequel to order dated 6.8.2019, ASI Mangat Ram has come present with the record. Mr.Sanjeev Sood, learned Additional Advocate General has also placed on record status Whether reporters of the local papers may be allowed to see the judgment?report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Perusal of record reveals that on 29.7.2019, Police Post Lakkar Bazaar, Shimla, having received information that a girl (victim-prosecutrix) was admitted in the Hospital after abortion, got the statement of the victim-prosecutrix recorded under S.154 CrPC, wherein she stated that though she (victim-prosecutrix) belongs to Sikkim, but she passed her 9th class examination from Senior Secondary School, Sarahan, whereafter, she came to her sister at Shimla in February, 2018, for studying in Class X. She further alleged that on 15.8.2018, she came in contact with the bail petitioner, whereafter they were in constant touch for considerable time. Victim-prosecutrix disclosed that her sister caught her talking to the bail petitioner, as such, refused to keep the victim-prosecutrix with her. Victim-prosecutrix is stated to have gone to Sarahan, during which period also, bail petitioner used to meet her. Victim-prosecutrix further stated that the bail petitioner had assured her that he would marry her. In March, 2019, victim-prosecutrix met bail petitioner at Sanjauli, Shimla, where they stayed in the room of a friend for 5-6 days. Allegedly, the bail petitioner hired a room at Shanan and started living there with the victim-prosecutrix. Victim-prosecutrix alleged that in the month of April, 2019, bail petitioner developed physical relations with her, as a consequence of which she became pregnant.