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Suraj Pratap Singh vs State Of H.P on 15 February, 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MPM No. 61 of 2019

.

Date of decision: 15.02.2019.

Suraj Pratap Singh …..Petitioner.

Versus
State of H.P. ….. Respondent.

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Abhishek Sood and Mr.

Parvinder Thakur, Advocates.

For the Respondent: Mr. Vinod Thakur Addl. A.G.

with Mr. R. R. Rahi and Mr.
Bhupinder Thakur, Dy. A.Gs.

L/ASI Krishna, I. O., Women
Police Station, Solan.

Justice Vivek Singh Thakur, Judge

Status report stands filed.

2. This petition has been filed for seeking regular bail in

case FIR No. 2/2018, dated 30.10.2018, registered under Section

354 of the IPC and under Section 10 of the Protection of Children

from Sexual Offices Act, 2012, at Women Police Station, Solan,

District Solan, H.P.

1

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

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2

3. Prosecution case, in brief, is that the victim, who is step-

daughter of the accused, lodged a complaint on 30.10.2018 stating

.

therein that she is daughter of late Rajesh Kumar and is residing in

village Garoni (Kumharda), post office Kabakalan, Tehsil and District

Solan. It is further stated in the complaint that the mother of the

prosecutrix had re-married in the year 2004 (after the death of her

first husband in the year 2002) with accused Suraj Partap Singh

(step father of the victim) who is resident of Kurukshetra. The

accused used to beat her and her brother and when she was

studying in 9th Class, he had vulgar conversation with her and when

she was in 10+1 he tried to kiss her so many times and some times

had succeeded to do so and had also picked and thrown her on the

bed so many time and when she used to cry, he had beaten her and

abused with filthy words. He also used to beat and abuse her

mother. Further in the year 2018, he had transmitted indecent

message on her mobile phone and asked her to call him when she

was alone and on objection to the same, he had abused her mother.

In last, it is stated that during previous night, after taking liquor the

accused had a quarrel with family members and broken the

household articles and when he was asked to sleep, then he had

again used indecent words asking her to put up her clothes. It is

also stated in the complaint that since the age of 14 years she is

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3

facing physical exploitation but at that time she was unaware about

it. Alongwith record, print of SMS sent and copy of letter written by

.

accused to complainant has also been placed on record which prima

facie corroborates the allegations.

4. The prosecutrix has reiterated her allegations made in

the complaint in her statement made under Section 164 Cr.P.C.

before the Magistrate.

5. The petitioner accused was arrested by the police on

04.11.2018 and since then he is behind the bars. Investigation is

complete and challan has been presented in the Court and the case

is listed for consideration of charge on 22.02.2019.

6. The present petition has been preferred on the ground

that at the time of lodging the complaint the age of the victim is 19

years, therefore, the provisions of POCSO Act are not applicable.

Learned counsel for the petitioner submits that even if the entire

case of the prosecution is admitted to be true, then only at the most,

case under Section 354 IPC is made out for which the petitioner

cannot be kept behind the bars.

7. This petition has been opposed by the prosecution on

the ground that it is evident from the nature of the allegation and

record that at the time of commission of offence the prosecutrix-

victim was studying in 9th Class and was 14 years of age and the

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4

petitioner is habitual in committing indecent activities with her, who is

his step daughter and further that the provisions with regard to

.

commission of offence are to be invoked on the basis of date of

commission of offence and not on the basis of the date of the

making complaint. It is further stated that the victim who is residing

with her mother only and there is no other shelter available to her

and in case the petitioner is released on bail, who being a step

father of the victim has right to live with her mother, will also be

residing in the same residential accommodation and thus there is

every possibility of tampering with the evidence by influencing or

threatening the victim from deposing the true facts before the trial

Court at the time of recording of her evidence and there is also

possibility of the accused committing the same offence as the victim

has specifically stated in her complaint that despite reprimand or

opposing he continued to commit the alleged offence.

8. The case is listed for consideration on 22.02.2019

before the learned trial Court and thereafter it is to be listed for

recording evidence of the prosecutrix. The petitioner is not the

permanent resident of the Himachal Pradesh and he has also not

disclosed his permanent address and the victim is yet to be

examined.

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9. In the aforesaid facts and circumstances, I find merit in

submissions of learned Additional Advocate General and, therefore, I

.

do not find it to be a fit case for grant of bail at this stage.

Accordingly, the bail petition is dismissed.

15th February, 2019 (Vivek Singh Thakur)
(sanjiv) Vacation Judge

r to

16/02/2019 22:00:12 :::HCHP

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