SUNNY SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 56 of 2015, dated 02.06.2015, under Section 376 IPC and Section 4 of POCSO Act, Police Station Kandaghat, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of District Shimla and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 02.06.2015 the prosecutrix (name withheld) made a statement before the police, wherein she stated that she is a student of 9th class and she met the petitioner in a marriage ceremony. Thereafter, she used to talk with the petitioner on telephone. The prosecutrix has further stated that on 30.05.2015 there was jaagran (a religious function) in her house and the petitioner came there. At about 12:00 mid night, she went to attend the call of nature and the petitioner followed him. The petitioner took her to nearby Community Centre Building, where they initially talked for 10-15 minutes, but, later on, the petitioner forcibly committed sexually intercourse with her. Subsequently, the prosecutrix came to her home and due to fear she did not divulge this fact to anyone. On the subsequent morning, the prosecutrix narrated the incident to her mother and the police was informed. On the anvil of the statement of the prosecutrix, a case was registered and investigation ensued. Police prepared the spot map and the statements of the witnesses were recorded. The prosecutrix was medically examined and record qua date of birth of the prosecutrix was procured. The petitioner was also medically examined. The statement of the prosecutrix was also got recorded under Section 164 Cr.P.C., 1973 The petitioner, through his disclosure statement, got recovered a condom. As per the medical examination, possibility of sexual intercourse can not be ruled out. The investigation revealed that at the time of occurrence, the prosecutrix was fourteen years and four months of age. As per the prosecution, the challan stands presented in the Court. Lastly, the prosecution has prayed that the bail application be dismissed.