RAFI MOHAMMED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Rafi Mohammed, who is behind bars since 28.11.2018, 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. 123/18, dated 28.11.2018, under Sections 354A (1) (i), 354D (1) IPC and Section 8 of POCSO Act, registered at P.S. Tissa, District Chamba, H.P.

(2.) Sequel to order dated 18.6.2019, ASI Kuldeep Kumar, P.S. Tissa, District Chamba, H.P., has come present alongwith records. Mr. Kunal Thakur, learned Deputy 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.) Close scrutiny of the record made available to this Court reveals that on 28.11.2018, complainant namely Smt. Parveen Akhtar, got her statement recorded with PS Tissa, District Chamba, H.P., alleging therein that on 26.11.2018, at 9:30 am, while her minor daughter victimprosecutrix (name withheld) was going to school, present bail petitioner asked her daughter to sit in his jeep. She further alleged that her minor daughter after returning from school not only disclosed the alleged incident to her, but revealed that in past also, bail petitioner having found her alone, not only touched her private parts, but also kissed her. On the basis of aforesaid complaint, formal FIR as detailed herein above, came to be lodged against the bail petitioner on 28.11.2018 i.e. after two days of the alleged incident and since then, he is behind the bars.