The seriousness of the allegations, the presumption of culpable mental state, and the overriding effect of the POCSO Act on other laws were central legal principles established in the judgment.

P.S. Rana, Judge.

Present petition filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 45 of 2014 dated 03.08.2014 registered under Section 354(A) of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act 2012 registered in Police Station Nahan District Sirmaur H.P.

2. It is pleaded that applicant is carpenter by profession and is living in village Lalag Tehsil and Police Station Sangrah District Sirmaur H.P. It is pleaded that applicant has been falsely implicated in present criminal case. It is further pleaded that there is considerable delay in minor prosecutrix is related to accused by way of family relations. It is further pleaded that minor prosecutrix is niece of applicant and there are pious relations between the minor prosecutrix and accused. It is further pleaded that there are strained relations between family members of minor prosecutrix and accused on account of property dispute. It is further pleaded that partition suit is pending between the relatives of minor prosecutrix and accused. It is further pleaded that relatives of minor prosecutrix are under the influence of one Bhau Singh son of Shri Bali Ram resident of village Lalag P.O. Barol Tehsil Sangrah District Sirmaur and Bhau Singh remained Pardhan of Gram Panchayat Barol Tehsil Sangrah District Sirmaur during the year 2001-2005. It is further pleaded that during the year 2001-2005 the applicant was the BDC member of Ward Barol Block Sangrah District Sirmaur and it is further pleaded that during the year 2001-2005 Bhau Singh committed financial irregularities and complaint was filed against Bhau Singh at the instance of petitioners by Hiro Devi and Mani Ram and applicant was witness to such complaint. It is further pleaded that on the basis of complaint Bhau Singh was placed under suspension and case against Bhau Singh is still pending in BDO office Sangrah. It is also pleaded that Bhau Singh has enmity against the applicant. It is further pleaded that there was rumour in the village that minor prosecutrix was missing from her house and applicant has also recorded all suspicious calls. It is further pleaded that applicant has also innocence. It is further pleaded that applicant has also handed over audio CD to Ms. Sunita Verma who was probably ASI in police. It is further pleaded that Investigating Officer be directed to take into evidence the audio recording of telephonic conversation. It is further pleaded that applicant will not influence the prosecution witnesses and will join the investigation of case. Prayer for acceptance of anticipatory bail application sought.

3. Per contra police report filed. As per police report FIR No. 45 of 2014 dated 3.8.2014 under Section 354A IPC and Section 8 of The Protection of Children from Sexual Offences Act 2012 was registered. There is recital in police report that on dated 11.7.2014 at 7 PM minor prosecutrix went to urinate in the field and immediately accused-applicant came from behind and caught the arm of minor prosecutrix and pushed her. There is further recital in police report that accused told the minor prosecutrix that if she would surrender voluntarily to the sexual desire of applicant then he would not harass the minor prosecutrix. There is further recital in police report that accused further told minor prosecutrix that if she would not voluntarily surrender to the sexual desire of applicant then accused would harass minor prosecutrix in such a manner that minor prosecutrix would not be in a position to face the society. There is further recital in police report that accused pressed the breast of minor prosecutrix and also touched body of minor prosecutrix from top to bottom and also inflicted teeth bite recital in police report that thereafter accused removed salwar of minor prosecutrix and thereafter minor prosecutrix cried in loud voice and on hearing cries of minor prosecutrix maternal gra