HRISHAB SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Harishab Sharma, who is behind the bars since 1.5.2019, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.16 of 2019, dated 9.4.2019, under Sections 363, 366-A & 376 IPC, Sec. 3(i) W(i) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, registered at police Station, Brow, District Kullu, Himachal Pradesh.

(2.) Sequel to order dated 29.5.2019, Dy. SP Tejender Verma and SHO Dharam Singh, have 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 the record/status report, reveals that on 9.4.2019 victim- prosecutrix (hereinafter referred to as the 'prosecutrix') lodged a complaint at police Station, Brow, District Kullu, Himachal Pradesh, alleging therein that on 3.4.2019, bail petitioner contacted on her mobile phone and asked her to meet him at Rampur. She further stated in the complaint that she is known to the petitioner for the last 3-4 months and they had come into contact through face-book. She alleged that bail petitioner compelled her to come to Rampur, whereafter they both went to place called as Dakolard. Though, prosecutrix wanted to return back to her house, but allegedly bail petitioner did not allow her to return and compelled her to stay with him at Hotel near bus stand, Rampur, where he sexually assaulted prosecutrix against her wishes. On 4.4.2019, prosecutrix returned back to her native place and disclosed everything to her parents. On 5.4.2019, prosecutrix again went to Shimla to meet the bail petitioner, who had come up till Narkanda to pick her up. Allegedly, again bail petitioner kept the prosecutrix at Hotel in Shimla and sexually assaulted her against her wishes. On 6.4.2019, when the prosecutrix asked the bail petitioner to solemnize marriage with her, bail petitioner refused on the ground that prosecutrix hails from SC/SC community. On 7.4.2019, bail petitioner left for Chandigarh and thereafter never made an attempt to contact the prosecutrix.