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2022 Supreme(HP) 131

VIVEK SINGH THAKUR
JOGINDER @ ABHISHEK S/O SH. CHARANJI LAL – Appellant
Versus
STATE OF H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH.SATIVE CHAUHAN, ADVOCATE
For the Respondent:SH.HEMANT VAID, ADDITIONAL ADVOCATE GENERAL

ORDER :

Petitioner has approached this Court, invoking provisions of Section 439 of Cr.P.C., seeking regular bail in case FIR No. 54 of 2020, dated 14.10.2020, registered in Police Station Nankhari, District Shimla, H.P., under Sections 363, 376 and 506 of the Indian Penal Code (in short ‘IPC’) and Sections 6 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’).

2. Status report stands filed and record was also made available.

3. Prosecution case, in brief, is that on 14.10.2020 complainant, alongwith her husband and minor daughter (victim), had submitted a complaint in Police Station Nankhari, stating therein that in their family there are two children and their elder daughter (victim) whose date of birth is 18.04.2006 and who is studying in 10th Class in Government High School. Whereas, their 11 years younger child (son) is studying in 8th Class and since 9-10 years, the family is residing in a secondary house situated in their Orchard. On 13.10.2020, her husband and she were not at home during day time and in the evening, when she reached home, her son informed her that their daughter who had gone to Kholighat to give lunch to her

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