TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, who is behind bars since 13.12.2017, has approached this Court by way of instant proceedings, filed under Section 439 of Cr.PC, with a prayer to grant regular bail in case FIR No. 69/17 dated 2.12.2017, under Sections 376, 506, 34 IPC and Section 6 of POCSO Act, registered at P.S. Kasauli, District Solan, H.P.

(2.) Sequel to orders dated 27.2018 and 19.3.2018, ASI Madan Mohan, I/o P.S. Kasauli, HP, has come present in Court alongwith the record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency.

(3.) Perusal of the record/status report suggests that FIR, detailed hereinabove, came to be lodged at the behest of the complainant namely Paramjeet Kaur on 2.12.2017, who alleged that her minor daughter studies at Government Senior Secondary School at Jagjeetnagar in class 10+1. She further stated that her daughter goes to school in Kaushal Private Bus. On 28.11.2017, when her minor daughter had gone to school, she found one mobile phone in her bed. Since complainant had not provided her daughter with mobile phone, she having noticed dialed call, gave a phone call on a number i.e. 78073- 01800, and found that her daughter was with a person namely Bunty. Complainant asked Bunty to send her daughter to Gadkhal. On 2.12.2017, minor daughter of the complainant disclosed to the complainant that she knows a person namely Bunty for the last 1 years and he had given mobile phone to her one month ago. She further disclosed to her mother that on 29.7.2016, bail petitioner had taken her to hotel Anchal at Kasauli to celebrate his birthday, but he taking undue advantage of her innocence sexually assaulted her against her wishes. Daughter of the complainant also revealed to her mother (complainant) that on 29.11.2017, when Bunty had gone out of room to get some food, bail petitioner unauthorisedly entered into her room in hotel and sexually assaulted her against her wishes. On the basis of aforesaid statement having been made by the complainant under Section 154 Cr.PC, aforesaid FIR came to be lodged against the bail petitioner as well as other co-accused namely Bunty at PS Kasauli.