Point of Law: Provisions relating to sexual assaults on minors have been made very stringent in Indian Penal Code, besides enactment of a special Act known as “The Protection of Children from Sexual Offence Act.

ORDER :

1. Petitioner is an accused in case registered vide FIR No. 31 of 2021, dated 29.10.2021, at Police Station Women Cell at Sadar Chamba, District Chamba, H.P. under Sections 354A, 506 of the Indian Penal Code (for short ‘IPC’) and Sections 8 and 10 of the Protection of Children from Sexual Offence, Act 2012 (for short “POCSO”) Act. Petitioner is in custody since 29.10.2021.

2. Petitioner has approached this Court for grant of bail, in above noted case, under Section 439 Cr.P.C. on the grounds that the prosecution case is based on absurd, baseless and imaginary story. As per petitioner, he is innocent and has been falsely implicated in the present case by the complainant, who is none other than his wife. It is alleged that the complainant and petitioner have strained matrimonial relation and the complainant has filed a divorce petition against the petitioner, which is pending adjudication. A false case has been foisted against the petitioner, as he is contesting the petition for divorce filed by the complainant. It is further submitted that the incident as alleged had taken place in August, 2021, whereas it was reported in October, 2021 after two months. Had there been any truth in the version of the victim or the complainant, the victim would have disclosed the alleged misdeeds of petitioner to the other residents of the house.

3. Petitioner has further averred that he is permanent resident of Village and Post Office, Lahara, Tehsil Salooni, District Chamba, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner is ready and willing to abide by all the terms and conditions as may be imposed against him. Investigation is complete and the challan has also been filed. Petitioner has further undertaken not to tamper with the prosecution evidence. Petitioner has no previous criminal history. Petitioner has also placed reliance on the judgments passed by the Hon’ble Supreme Court in Gurubaksh Singh Sibbia vs. State of Punjab, (1980) 2 SCC 565, Kalyan Chandra Sarkar vs. Rajesh Ranjan @ Pappu Yadav, AIR 2005, SC 921, Sanjay Chandra vs. Central Bureau of Investigation, AIR 2012 SC 830, State of Kerala vs. Raneef, AIR 2011 SC 340 and Maulana Mohammed Amir Rashadi vs. State of Uttar Pradesh, (2012) 2 SCC 382.

4. In response, the status report has been filed by the respondent. It is stated that on 29.10.2021, the complainant visited the Police Station with her daughter (victim) and got recorded her statement under Section 154 Cr.P.C. alleging inter-alia, that she was earlier married to Mohammad Yusuf, who had died in 2009. She had two sons and a daughter from first marriage. Her daughter (victim) is 17 years old. In 2014, she married the petitioner, who had turned her out of house since June, 2020. She was residing in a rented accommodation at Mugla. Her elder son Mohammad Hanif and his wife and children were residing in the house of petitioner in a separate room and her daughter (victim) was also residing with the petitioner. On 06.10.2021, the victim abruptly came to complainant at about 8.00 p.m. On being asked about the reason of her visit, the victim did not disclose anything, she, however, started residing with the complainant. The victim used to remain silent and would not disclose anything to the complainant despite being asked repeatedly. On 25.10.2021 the victim wept in front of complainant and disclosed that since August, 2021 the petitioner was harassing her physically and mentally. He used to sleep in the bed of the victim during night and indulged in indecent acts with her. On being objected, the petitioner used to threaten the victim that in case she disclosed the misdeeds of petitioner to anyone, she would be killed and thrown in river Ravi. She was so scared that she kept on suffering the atrocities at the hands of petitioner. On such statement, the case was registered under the aforesaid sections. The statement of victim under Section 164 Cr.P.C. was recorded. Petitioner was arrested. On