Mahinder Singh vs State of H.P.

Surinder Singh, J.—The petitioner herein was arrested in case FIR No. 128/2008 dated 7.11.2008, for the offences punishable under Sections 363, 366A and 376 of the Indian Penal Code. He failed to get the bail from the Court of Sessions, as such, instant application has been moved for enlargement him on bail u/s 439 of the Code of Criminal Procedure.

The prosecutrix is aged about 14 years. The case is now fixed for the evidence of the prosecution before the learned trial Court.

Precisely, the case of the prosecution is that she at the relevant time was studying in 9th standard in ''Badi Rachna Dhar Goura'' School (Rampur Bushehar). She had gone to the school, but did not return to her house in the evening on 6.11.2008. The Prosecutrix telephonically informed the complainant from the PCO that she had been taken far away and at that time, she was weeping. The petitioner is a resident of Hamirpur, who allegedly solemnized marriage with her. The co-accused who are already enlarged on bail had facilitated her elopement from the lawful guardianship of her parents to get the minor prosecutrix married with the petitioner. Police recovered the prosecutrix from the custody of the petitioner. She was medically examined. She alleged rape against her.

Keeping in view the age of the prosecutrix, her statement and the allegations against the petitioner, case for bail is not made out, as such application is dismissed.