IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 913 of 2009 Date of decision: November 17, 2009. Poshu Ram …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vinay Thakur, Advocate. For the Respondent : Mr. A.K. Bansal, Addl.A.G. with Mr. R.P.Singh, Asstt. Advocate General. Kuldip Singh, Judge (Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 91 dated 17.7.2009 registered at Police Station, Rohru, under Sections 363, 366-A, 376, 120-B IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner is a married person and prosecutrix had gone astray. It was rumoured in the village that she had affairs with some boys of the village. The prosecutrix a month back from her elopement left the house of the petitioner, she came late in the evening when chastised she admitted that she was with some boy and had sex with him. The wife of the petitioner also caught a letter which was addressed to prosecutrix from her Whether the reporters of the local papers may be allowed to see the Judgment? …2… paramour. The prosecutrix was living in the house of the petitioner and she used to sleep with the petitioner’s daughter Raksha but she slipped away in the darkness from the house of the petitioner. It has been orally submitted by the learned counsel for the petitioner that petitioner had filed an application under Section 156 (3) Cr.P.C. and on that basis the case was registered. The petitioner was arrested during the investigation of the case. 3. The prosecution case in brief against the petitioner is that prosecutrix is distantly related to the petitioner. The date of birth of the prosecutrix as per Panchayat record is 25.2.1996. The petitioner had been sexually exploiting and raping the prosecutrix for the last two years. Prem Lata daughter of Subdha Devi is married to Ishwar Singh of village Kaimla (Haryana). On 9.5.2009 Ishwar Singh and Prem Lata came alongwith Satbir in the house of Subdha Devi. On 16.5.2009 Subdha Devi, Prem Lata and Ishwar Singh in criminal conspiracy with each other took prosecutrix with them. It has come during investigation that prosecutrix was sold to Satbir. Ishwar Singh, Satbir, Subdha and Prem Lata were arrested on 7.10.2009. The allegations against the petitioner is that he maintained illicit relations with the prosecutrix for the last two years and he was arrested on 12.7.2009. 4. I have gone through the statement of prosecutrix wherein she has stated that Poshu Ram had maintained illicit relations with her. As per radiological opinion, the age of the prosecutrix on 7.9.2009 was in between 12½ - 14½ years. The prosecutrix in her statement made to the police on 11.7.2009 has …3… stated that petitioner had been maintaining illicit sexual relations with her for the last two years. The prosecutrix has named the petitioner for illicit sexual intercourse with her. The bail application of the petitioner has been rejected by the learned Additional Sessions Judge, Fast Track Court, Shimla on 27.7.2009. The petitioner has failed to make out any case for grant of bail, under Section 439 Cr.P.C. at this stage, resultantly the petition is dismissed. 5. The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. November 17, 2009. ( Kuldip Singh ) (Hem) Judge.