Akash Sagar @ Azad vs State of H. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 69

SATYEN VAIDYA
Akash Sagar @ Azad – Appellant
Versus
State of H. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rakesh Kumar Chaudhary, Advocate.
For the Respondent: Mr. Rakesh Dhaulta and Mr. Rajan Kahol, Addl. AGs. ASI Vinod Kumar, I/O Police Station Gohar , District Mandi, H.P, alongwith the records.

JUDGMENT :

Satyen Vaidya, J.

Petitioner is accused in case FIR No.78/22, dated 14.8.2022, registered under Sections 363, 366, 366-A, 376, 376D, 120B of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012, at Police Station, Gohar, District Mandi, H.P.

2. The petitioner is in custody since 26.8.2022.

3. Brief facts of the case are that on 14.8.2022, complainant-Shri Bodh Raj, reported to the police that his daughter (minor) had left the home at about 10:30 p.m. on 12.8.2022. It was suspected that she had been kidnapped by someone. The case was registered and investigation started. During investigation, the victim was recovered on 25.8.2022 from the house of petitioner at Agra in Uttar Pradesh. It has been concluded during investigation that one Bal Krishan @ Sahil Sharma, a co-accused in the case had taken the victim out of guardianship of her parents under a promise to marry her. The petitioner being a friend of Bal Krishan @ Sahil Sharma, had helped him in enticing away the victim and had also allowed his house at Agra, to be used as shelter for them. As per the case of the police, the victim was handed over to her father. She in her statement given to the police and als

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