MEHAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 129 of 2019, dated 25.09.2019, under Sections 363, 376, 511, 323, 325 read with Section 34 IPC and Section 4 of POCSO Act, registered in Police Station Dharampur, District Solan, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are permanent residents of District Kullu, Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 25.09.2019 the prosecutrix (name withheld) got her statement recorded under Section 154 Cr.P.C. The prosecutrix alleged that she is a student of 10th Class and her father is missing since 2009. She used to live with her mother and younger brother. Her elder sister has been married. A month back she went to the house of her massi at Ludhiana, where she was acquainted with one Ragini, who assured her to get job for her. The prosecutrix further alleged that last week she went to the residence of Ragni at Pinjore and on 24.09.2019, at about 01:30 p.m., when she came to market, her friend Sikander made a telephonic call to her and told that if she is going to market then she can board the vehicle of his friends. Subsequently, a van stopped near her and a boy came out, who asked about Sikander and also made a telephonic call to Sikander. The prosecutrix boarded the said van and there were four occupants in the van, who were having liquor. They offered liquor to her, but she refused. During their conversation, the prosecutrix heard the names Om and Hanni. The prosecutrix was taken to Gurukripa Hotel, Dharampur, where all the four persons consumed liquor and later on a boy slept with her. Thereafter, Hanni knocked the door and when she opened the door he also came inside the door and slept with her. Hanni tried to molest her, so she ran away from the room. The prosecutrix went to another room, where other persons were sleeping, but Hanni came there, so the prosecutrix, through window, went on the chajja (eave), wherefrom she fell down. The prosecutrix raised hue and cry so people of the area came for her rescue. Accused Hanni and others fled away from the spot. Upon the statement, so given by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined and it was opined by the Medical Officer that there is nothing suggestive of the fact that sexual intercourse has not taken place. Police collected the scientific samples and also made relevant recoveries. The radiological age of the prosecutrix was opined in between 15 to 19 years. Police prepared the spot map and recorded the statements of the witnesses. The prosecutrix was sent to Child Welfare Committee, Solan. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. During the course of investigation it was unearthed that the prosecutrix was missing from her house and qua this Case No. 338 of 2019 dated 28.06.2019 was registered. Police procured the records qua the date of birth of the prosecutrix. The vehicle used in the commission of the crime, i.e., HP64A-1251, was taken into possession. On 25.09.2019 all the four accused persons, i.e., Bhupinder Kumar @ Hanni, Sanjay Kumar, Om Prakash and Mehar Chand were arrested. As per the police, accused Sanjay Kumar was the driver of the vehicle and after consuming liquor, he went to his home. Petitioners Om Prakash and Mehar Chand and co-accused Bhupinder Kumar @ Hanni sexually molested the prosecutrix. When the prosecutrix tried to save her, she went on the chajja, wherefrom she fell down and sustained severe injuries. As per the police, challan has been prepared and it will be presented in the learned Trial Court soon. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious crime. There is possibility that in case at this stage if they are enlarged on bail, they may flee from justice. The petitioners can also tamper with the prosecution evidence, so their applications be dismissed.