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SATYEN VAIDYA
Chuni Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
A case was registered under Sections 366, 366-A, 376, 120-B of IPC and Sections 4 and 17 of the Protection of Children from Sexual Offences Act (for short, “POCSO” Act), vide FIR No. 10 of 2023, dated 19.01.2023 at Police Station, Karsog, District Mandi, H.P.
2. Petitioner is one of the accused arrayed in the above noted case. The investigation is complete and challan has been filed.
3. Facts giving rise to the registration of above noted case are that on 19.01.2023, the child victim in custody of Child Development Project Officer, Karsog and others reported to the police that she was 13 years old and was a student of 8th standard in Middle School, Nehra. She had two brothers and a sister and her mother worked at a “Dhaba” at Karsog Bus stand. She had already lost her father. On 07.02.2022, she visited market in Karsog on the pretext that she was going to visit the house of her maternal grand-father at Bhandarnu. She met two boys named Raj and Sunny at Karsog Bus-stand. She knew Raj for the last four months and were exchanging phone calls with each other. Raj offered to take the victim to Tattapani on the promise to marry her. On the refusal of child victim
Pre-trial incarceration cannot be applied as a matter of rule.
Pre-trial incarceration is not rule.
Investigation is already complete and petitioner cannot be ordered to be incarcerated for indefinite period - Trial of the case is likely to take considerable time before the conclusion.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
Concern of this Court at this stage is to secure fair and expeditious trial of case.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
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