PANKAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Pankaj Kumar, who is behind bars since 8.1.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 71/18, dated 30.7.2018, under Sections 376, 363 and 366 A of IPC and Section 4 of the POCSO Act, registered at P.S. Chirgaon, District Shimla, H.P.

(2.) In terms of order dated 4.9.2019, HC Kartar Singh, has come present alongwith records. Mr. Sanjeev Sood, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 30.7.2018, victim-prosecutrix (name withheld), who was 17 years at the time of the incident, got her statement recorded under Section 154 Cr.PC., alleging therein that in the month of March, 2018, the bail petitioner met her for the first time at Dhamvari Bridge, whereafter they kept on meeting each others. She alleged that in the month of June, 2018, bail petitioner telephonically called her at Dhamvari Bazaar and told her that he wants to solemnize marriage with her. She further alleged that the bail petitioner threatened her that in case she refuses to marry him, he would forcibly take her. She alleged that she went to the house of the bail petitioner and found that he has already kept two wives. She stayed at the house of the bail petitioner for a week and during this period, bail petitioner allegedly sexually assaulted her against her wishes.