Dinesh v. State Of Punjab





 
   




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#    27.04.2023 Urban Estate Patiala, District Patiala 376 of IPC, 1860 and Section 6 of POCSO Act, 2012 (charges framed under Section 376 of IPC and 4 of POCSO Act, 2012 /    # 

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!, #) having given birth to a child, a police party headed by SIGurpreet Kaur reached at the hospital and after obtaining opinion of doctor recorded statement of the victim 'S' who stated that the petitioner who was living in her neighbourhood used to harass and tease her whenever he found opportunity and also used to insist her to have friendship with him. He also

induced her on the pretext of performing marriage with him and by making other alluring conversations. She gradually fell into his trap. On 19.08.2022, on the day of Janamashtmi, her mother had gone to temple to pay obeisance and finding her alone at home, the petitioner entered inside and forcibly established physical relations with her. She never met the petitioner since then as shortly thereafter, they had changed their residence and started living elsewhere. She stated that her health was not proper from some time but out of fear, she did not disclose anything to her parents but on the morning of 07.04.2023, she had severe pain in her abdomen and when she was taken to the hospital, she had given birth to a female infant. Only then, she disclosed about the incident of rape committed by the petitioner with her.

After registration of FIR, investigation proceedings were initiated. The statement of victim was also got recorded under Section 164 of Cr.P.C. The petitioner was arrested on 28.04.2023. He was also medically examined. His blood samples as well as the blood samples of child born to the victim, were sent for forensic examination. After completion of necessary investigation and usual formalities, challan under Section 173 of Cr.P.C. was presented in the Court and presently, the petitioner is facing trial for the commission of the aforementioned offences. 5!

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4 The prosecutrix and her mother have since been examined. There are no chances of his intimidating the witnesses. Therefore, it is argued that the petition deserves to be allowed. $  

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