The court emphasized the gravity of allegations in sexual assault cases, the special provisions of the Protection of Children from Sexual Offences Act 2012, and the overriding effect of the Act on other laws.

P.S. Rana, J.

Present petition filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 322 of 2014 dated 10.9.2014 registered under Sections 452, 354, 354-A of Indian Penal Code and Section 7 of Protection of Children from Sexual Offences Act 2012 registered in Police Station Sarkaghat at District Mandi (HP).

2. It is pleaded that applicant is permanent resident of village Jheer P.O. Gehra Tehsil Sarkaghat District Mandi and is serving in State Education Department as teacher from last many years with full devotion and hard work and till date there is no complaint against him. It is further and applicant has been falsely implicated in present case. It is further pleaded that applicant is serving in GMS Panyali and minor prosecutrix is student of GMS Gehra and further pleaded that minor prosecutrix is student of 9th class and age of minor prosecutrix is 13 years old. It is further pleaded that FIR was not recorded promptly and FIR is an after thought story. It is pleaded that father of prosecutrix borrowed an amount of Rs. 10,000/- (Rupees ten thousand only) from the applicant about two years back and did not return the amount. It is further pleaded that on the date of alleged incident after attending his school he visited house of father of minor prosecutrix and requested her father to return his money. It is also pleaded that when applicant demanded the loan money then father of prosecutrix abused the applicant and warned him not to visit his house again. It is further pleaded that false FIR has been registered against the applicant just to escape from the financial liability and to harass the applicant in illegal manner. It is further pleaded that applicant is serving in education department for the last 30 years. It is pleaded that custodial interrogation of the applicant is not essential. It is further pleaded that earlier anticipatory bail application filed by the applicant has been dismissed by learned Sessions Judge, Mandi. Prayer for acceptance of anticipatory bail application sought.

3. Per contra police report filed. As per police report FIR No. 322 of 2014 dated 10.9.2014 registered under Sections 452, 354 and 354(A) of IPC and 7 of Protection of District Mandi H.P. There is recital in police report that on dated 10.9.2014 at 1 Noon prosecutrix aged 13 years came in police station along with her father and mother. There is further recital in police report that on dated 8.9.2014 at about 5.30 evening minor prosecutrix was present in her house. There is further recital in police report that grandfather and younger brother of minor prosecutrix were also present in the house. There is recital in police report that applicant came in the house and sat inside the room. There is further recital in police report that applicant had consumed wine. There is further recital in police report that minor prosecutrix offered water to the applicant and grandfather and younger brother of minor prosecutrix were also present. There is further recital in police report that grandfather and younger brother of minor prosecutrix sent the minor prosecutrix for preparation of tea. There is further recital in police report that thereafter her younger brother went for reading purpose and her grandfather went outside room to bring sheeps and goats. There is further recital in police report that when minor prosecutrix came in room along with tea then applicant took the tea and kept the cup of tea on the table. There is further recital in police report that thereafter applicant switched off the electricity of the room and caught the minor prosecutrix with force. There is further recital in police report that applicant also caught minor prosecutrix from her breast and told the minor prosecutrix to lay down her body upon the bed and also told There is further recital in police report that thereafter minor prosecutrix pushed the applicant and came to kitchen room in the r