Kasamdeen vs State Of Himachal Pradesh

 Anoop Chitkara, J

A 47 years aged married male, who is under incarceration for committing rape upon a girl aged 15 years, has come up before this Court seeking

regular bail.

The police arrested the petitioner on 23.2.2020 in FIR No.5 of 2020, dated 23.2.2020, registered under Sections 376, 506, IPC and Sections 6 and 17

of POCSO Act, in Women Police Station, Dharamshala, District Kangra, Himachal Pradesh, disclosing cognizable and non-bailable offences.

Briefly, the allegations against the petitioner are that on 23.2.2020, the victim accompanied with her Maama and a cousin sister visited Women

Police Station, Dharamshala and informed the police about sexual assault. The SHO recorded her statement under Section 154, Cr.PC. The victim

told that she is aged 16 years and worked as a domestic help. Her mother had expired a year ago and her father is alcoholic and is least bothered to

take care of his children. For the last two years, she was residing with the petitioner, who was related as a distant Maama. She had gone to their

home on the asking of the wife of the petitioner, who had offered to teach her domestic work, stitching and embroidery. She further stated that she

was staying with the petitioner for the last two years. She alleged that two months ago, during the night, the petitioner forcibly committed coitus with

her. She further stated that after that, she informed the wife of the petitioner about it, who told her to keep quiet and accommodate her husband. She

further told the victim that let it go the way, it was going on. After that, the petitioner would make her sleep alongwith his wife and in the presence of

his wife would do sexual intercourse with her. She further alleged that for the last time, he had committed sexual intercourse with her about 22-25

days ago. She stated that whenever she told the petitioner not to do coitus with her, then the couple would warn her that they would make her parade

in the village in nude condition.

The victim further stated that taking advantage of the absence of the couple, she ran away from the home and reached the house of her Mamma

Alam and shared her sufferings with him. He brought her to the police station.

Based on this complaint, the police registered the FIR mentioned above and recorded her statement under Section 164, Cr.PC, in which she

reported the allegations. She was also taken for medical examination, where the doctor stated that sexual assault cannot be ruled out based on the

physical examination. The police recovered the date of birth certificate from the school, which revealed her date of birth as 3.10.2004, which would

make her 15 years and 6 months old.

I have gone through the status report and heard learned counsel for the parties.

Mr. Gobind Korla, learned counsel for the petitioner submits that the petitioner is a poor person and has a family to support. As such, he be released

on bail. This contention, on the face of it, is not supported by any law. On this ground, every poor person, who has a family to support, would claim bail

in an heinous offence.

The victim categorically stated that the petitioner not only committed rape upon her, but would do sexual intercourse in the presence of his wife.

Given fact that the victim was living a life of an orphan and the petitioner was her caretaker, no case for bail is made out in this case.

Accordingly, the petition is disposed of with all pending applications, if any.