SIMPLE KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Simple Kumar, has approached this Court in the instant proceedings filed under Sec. 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 30/18 dated 9.5.2018, under Sec. 376 of Penal Code & Sec. 4 of POCSO Act, registered, at Sadar Women Police Station at Bhiuli, District Mandi, H.P.

(2.) Sequel to order dated 27.5.2019, passed by this Court, Sub Inspector Pawan Kumar, Women Police Station, Mandi, H.P., has come present in Court alongwith record of the case. Mr. Sanjeev Sood, 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 the record/status report reveals that on 9.5.2018,complainant-prosecutrix (herein after referred to as "the prosecutrix") got her statement recorded under Sec. 154 Cr.PC alleging therein that she is studying in 8th Class at Government Middle School Chhimba Balah and in the month of Jan., 2018, (date not known), while she was going to her home after school, bail petitioner forcibly took her towards the bushes and sexually assaulted her against her wishes. As per prosecutrix, she after two days of the alleged incident informed her step mother with regard to the alleged incident, but she did not take any action. On 7.5.2018, when she was taken to hospital by his grandfather on account of stomachache, it transpired that she is pregnant. After having discovered aforesaid factum of pregnancy, complainant got the aforesaid statement recorded, on the basis of which, formal FIR No.13/18 dated 9.5.2018, under Sec. 376 Penal Code and Sec. of the POCSO Act, came to be lodged at Women Police Station, Mandi, H.P., against the accused and since then, bail petitioner is behind bars.