TSEWANG THINLES Vs. U. T. OF LADAKH

JUDGEMENT

(1.) By this common judgment, two petitions, one seeking quashment of order dtd. 12/12/2024 passed by the learned Principal Session Judge, Leh(hereinafter to be referred as the trial Court) and another for grant of bail to the petitioner are proposed to be disposed of.

(2.) It appears that on 1/7/2019, the prosecutrix lodged a written report with Women Police Station, Leh alleging therein that the petitioner has committed a sexual assault upon her. It was alleged that the mother of the prosecutrix, who is a divorcee, is suffering from an ailment and that she belongs to a poor family, as such, she is unable to take her mother outside Ladakh for her treatment. She further alleged that she approached the petitioner, who happens to be the President of Ladakh Buddhists Association(LBA) and narrated to him all her miseries. The petitioner is stated to have promised her with all help, but at the same time, he started to take undue advantage of the miseries of the prosecutrix and launched sexual assaults upon her at different places. It was further alleged that in the first instance, the petitioner touched her in an inappropriate manner, in his office and the same was to her discomfort. Thereafter, he came to her house and in the absence of her mother, he touched her private body parts. Thereafter, in his office, the petitioner laid her down on a sofa and jumped upon her, whereafter, he sexually assaulted her. These incidents are stated to have taken place in the month of March, 2019. The prosecutrix went on to allege that because the petitioner is holding a high position, as such she felt scared to make any complaint against him and she could not muster courage to narrate these incidents to anyone.

(3.) On the basis of the aforesaid report, FIR No. 05/2019 for offences under Sec. 354, 354-A RPC and 9(l)/10 Protection of Children from Sexual Offences Act (for short the POCSO Act) came to be registered with Women Police Station, Leh and investigation of the case was started. During the investigation of the case, the statement of the prosecutrix under sec. 164-A Cr.P.C. was recorded by the learned Magistrate. In the said statement also, the prosecutrix gave vivid details about the incidents of sexual assault alleged to have been committed by the petitioner upon her. She stated that when she approached the petitioner, who happens to be the President of LBA, he become emotional, when she started crying, whereafter he hugged her and started playing with her hair. She further narrated that the petitioner pressed her hand, which was resisted by her. She further went on to state that the petitioner came to her house where he touched her back, pressed her bosoms and asked her as to why she was not wearing a bra. She further stated that the petitioner touched her vaginal part and asked her to have sexual intercourse with him. On the next day, when she had gone to his office, he laid her down on a sofa and committed illegal act with against her will. She could not resist it because she was helpless and the petitioner took undue advantage of her helplessness.