Anjana Devi vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 151 of 2012 dated 26.6.2012 registered at Police Station Sadar, Chamba, District Chamba, under Sections 376, 354, 365, 342, 363, 506, 120B, 34 IPC and Section 5 of Prevention of Immoral Trafficking Act. It has been stated that the petitioner is a married woman, resident of Jalari but living at Chamba with her husband and children. The case has been registered by the police on the allegations that victim aged 19 years was living in rented house in Mohalla Mugla, Chamba Town and was learning cutting and tailoring. The victim 10 days back met the petitioner who was residing at Mohalla Banghotu and asked the victim to live with her in her room as her husband had been generally staying out and her son was studying at Nadaun. The victim went to the house of the petitioner, who took the victim to the house of Anita a friend of the petitioner.

It has been alleged that two persons were already sitting in the house of Anita. The man sitting in the room went out, came with uncooked chicken, three bottles of beer and two bottles of whisky. The food was cooked, all the three took chicken and consumed liquor. After some time the petitioner went out and the person sitting in the room tried to rape the victim after removing her clothes. The victim resisted the attempt, the petitioner came inside and they put on the clothes.

The victim came in the room of the petitioner. The petitioner in the evening brought packed dinner which was eaten by them. On the next day, the petitioner took the victim to Khajiar by a car which was occupied by two persons. They reached Khajiar in a hotel. After consuming liquor, one boy was asked to share the bed with the victim and that man committed sexual assault with the victim. The victim was threatened not to disclose this fact to anybody. In the evening all came back to Chamba.

The petitioner left the victim in her house and returned next morning. The victim was taken to Dalhousie in a car and stayed in a hotel where all consumed liquor. The petitioner left the victim with one man in one room and herself went to another room and victim was sexually assaulted. All of them came to Chamba.

The victim was sexually assaulted in the house of the petitioner. The petitioner returned to her house and took the victim in a car and reached Banikhet where they consumed liquor and in the evening they reached Pathankot where all stayed in a hotel. The victim was left in one room, the petitioner went in another room but no sexual assault was made on the victim. On the next day, they returned to Chamba.

The victim went to her married sister in Mohalla Mugla of Chamba Town and narrated the incident to her. The sister of the victim advised the victim not to meet the petitioner again. On 25.6.2012 the victim went to the house of Anju to bring her luggage. The two persons were sitting there who stopped her not to move out but she came out. The victim slipped from the house of the petitioner and came out on the street where a taxi came and victim narrated the story to the driver of the taxi and requested him to leave her at Bagga.

The taxi driver dropped the victim at Bagga. The victim was feeling so much disturbed and perturbed, she decided to end her life by jumping into the Bagga Dam and actually she jumped into the Dam but she was trapped in a tree for whole of the night and in the morning few persons saw her and lifted her on the road. The victim stated that she regained consciousness and she found the police there. The victim narrated the story to the police and case was registered.

It has been stated that the prosecution case herself would show that the victim was moving from one place to another place. The police has procured the school leaving certificate showing the prosecutrix under 16 years of age. The certificate is false. The victim herself has given her age 19 years. The High Court has released some accused on bail. The learned Sessions Judge/Additional Sessions Judge, Chamba has also released some accused on bail. The investigation in the case is complete and the petitioner is in custody for the last about two and half months. The petitioner cannot be said to have committed any offence under Sections 376, 354 etc. IPC. The petitioner is innocent. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that the case has been registered on the statement u/s 154 Cr.P.C. of the victim recorded on 26.6.2012. There are in all nine accused namely Anjana alias Anju, Lekh Raj alias Lekhu, Jaswant Singh, Anil Kumar alias Thapu, Anita alias Nitto, Hans Raj, Pawan Kumar, Joginder Singh alias Jeen and Shokat Ali. The victim was got medically examined. The petitioner was arrested and her police remand was taken on 27.6.2012 upto 2.7.2012. The petitioner made disclosure statement u/s 27 of the Evidence Act and got recovered Rs. 5,000/-. The date of birth certificate of the victim was obtained showing her date of birth 10.2.1997.

It has come in the investigation that in order to earn money the petitioner in connivance with other accused forced the victim in prostitution. Lekh Raj alias Lekhu and Anil Kumar alias Thapu were arrested on 4.7.2012. Joginder alias Jeen was arrested on 14.7.2012. Hans Raj was arrested on 19.7.2012. Anita alias Nitto was arrested on 23.7.2012. Jaswant Singh and Pawan Kumar were arrested on 24.8.2012. The recoveries were made. It has been stated that accused Anil Kumar alias Thapu, Anita alias Nitto, Hans Raj, Pawan Kumar, Joginder Singh alias Jeen and Shokat Ali have been released on bail by different Courts. The FSL report is still awaited. The petitioner is the main accused. The submission has been made for rejection of the bail application.

Heard and perused the record. It has been stated by the learned counsel for the petitioner that the petitioner has given her age 19 years on the date of recording her statement u/s 154 Cr.P.C. The investigating agency has obtained the date of birth certificate of the victim showing her date of birth 10.2.1997. Thus, as per the date of birth certificate of the victim, she was just above 15 years. In case of dispute of date of birth, the same will be determined during trial. At this stage, it cannot be said that victim on the date of occurrence was 19 years of age. As per the prosecution, the petitioner is the main accused, who forced the victim to go for prostitution in order to earn money.

The allegations against the petitioner are very serious, heinous and shocking; simply the petitioner is a woman that does not mean that she is entitled to play with the life of adolescent like the victim. The petitioner is not entitled to bail at this stage on the plea that she is a woman. The accused, who have been released on bail have been released keeping in view allegations against them. The petitioner has no parity with the accused, who have been released on bail. There is no merit in the petition, hence dismissed. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.