AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Singh Thakur, J
Status report stands filed, wherein contents of the complaint filed by complainant Jiti Devi, mother of the victim have been reiterated.
During investigation it has come on record that the victim was of 14 years 5 months and 20 days at the time of alleged incident and she was also found to be a patient of mental retardation (with IQ Score of-35 Moderate). Statement of victim under Section 164(5) Cr.PC has also been recorded and thereafter Sections 376(2) (I) (J) (L) of the Indian Penal Code have been added.
On the basis of chemical analysis report received from RFSL Mandi, it has been concluded by M.O., R.H. Kullu that the victim has been exposed to coitus. As per DNA report, mixed DNA profiling has been obtained from vaginal slides of the victim with male fraction but no inference with regard to its male source has been given.
Learned Deputy Advocate General under instructions of ASI Krishan Chand, Women Police Station Kullu, submits that out of 23 witnesses, 5 witnesses have been examined and next date of recording evidence of the prosecutrix and interpreter (local language) has been fixed for 28th October, 2020. Learned counsel for the petitioner submits that number of dates have been fixed for this purpose, but evidence of the prosecutrix and other witnesses has not been recorded as yet.
Considering the entire facts and circumstances placed before me, as also nature and gravity and stage of the trial, I do not find it a fit case to enlarge the petitioner on bail at this stage.
Accordingly, in view of this, present petition is dismissed with a direction to the parties to ensure effective appearance before the trial Court, so as to enable it to record evidence on the next date of hearing and other dates fixed for the purpose subsequent thereto for concluding the trial at the earliest by avoiding unnecessary adjournments. The trial Court is also directed to ensure recording of the evidence in terms of notification dated 07.08.2020, issued by the High Court of Himachal Pradesh and to conclude trial as expeditiously as possible, preferably on or before 31st March, 2021.