MAHENDER KUMAR Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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Anoop Chitkara, J. -
(1.)On the allegations made by a girl, aged 15 years, against the petitioner of having coitus with her in the end of May 2013, by entering her home, and also raping her in forest on 30th June 2013, when she was returning from school, the police registered FIR No. 82 of 2013, dated 19.07.2013, under Sections 376, 506 of Indian Penal Code, 1860, (IPC), and 4 of Protection of Children from Sexual Offences Act, 2012, in Police Station Gohar, District Mandi, Himachal Pradesh, disclosing cognizable and nonbailable offences.
(2.)The Police conducted the investigation, took the victim for her medical examination, got her statement recorded under S. 164 CrPC, but failed to nab the accused. Subsequently, the Police filed a charge sheet without arresting the accused. After taking cognizance of the offence, the Court issued Non-bailable Warrants, and upon its non-execution, allowed the application of the prosecution and proceeded against the accused under Section 82 CrPC, and thus, vide order dated 24.12.2013, declared the petitioner as a proclaimed offender. Per Paragraph 7 of the bail petition, after that Learned Additional Sessions Judge (Fast Tract Court), proceeded under Section 299 CrPC and recorded evidence including statement of the victim.
(3.)The petitioner's criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction, the sentence imposed was more than three years: The contents of the petition and the status report do not reveal any criminal history.
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