KULDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Kuldeep, who is behind bars since 18.10.2017, 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. 101/17, dated 18.10.2017, under Sections 376 IPC and Sections 4 and 6 of POCSO, Act, registered at P.S. Dharampur, District Mandi, H.P.

(2.) Sequel to order dated 20.8.2019, ASI Krishan Kumar has come present alongwith records. He has also caused presence of the victim-prosecutrix (name withheld). Mr. Kunal Thakur, learned Deputy Advocate General, states that no fresh status report is intended to be filed because no consequent events/circumstances have taken place after 20.8.2019, on which date status report was filed.

(3.) Record/status report made available to this Court reveals that police after having received information from the Civil Hospital Sarkaghat that a minor girl has been brought for delivery of child, visited the aforesaid hospital and recorded the statement of victim-prosecutrix under Section 154 Cr.PC, wherein she stated that she is studying in BA-1 at Government College Sarkaghat and her date of birth is 9.6.200. She stated that she is known to the bail petitioner since 2016. She alleged that on 9.6.2016, the bail petitioner had come to the house of his maternal aunt and there he forcibly assaulted her against her wishes. She also alleged that after the aforesaid incident, they both kept on meeting each other and in the month of January, February, 2017, she came to know that she is pregnant, but on account of fear, could not disclose this fact to her parents. On 17.8.2017, she was taken to Civil Hospital Sarkaghat on account of pain in her stomach, whereafter police came and recorded her statement. On the basis of aforesaid statement made by the victim-prosecutrix, case/FIR as detailed herein above, came to be lodged against the bail petitioner and since then he is behind the bars.