Bantu Ram vs State Of Himachal Pradesh
2021 Latest Caselaw 78 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                        .
                                           Cr.M.P.(M) No.5 of 2021





                                 Date of Decision 02.01.2021
_________________________________________________________________





Bantu Ram                                         ....Petitioner

                                        Vs.
State of Himachal Pradesh                                            ....Respondent





Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge
Whether approved for reporting?1

For the petitioner:                 Mr. D. N. Sharma, Advocate.

For the respondent:                Mr. Ram Lal Thakur,                        Assistant
                                   Advocate General.


                                   Through Video Conferencing

Anoop Chitkara, Judge (Oral):

The petitioner, who is 22 years of age, has come up

before this Court, seeking bail for alluring and committing rape

upon a girl, under 15 years of age. Based on complaint of steps

father of the victim, police registered FIR No.42 of 2017, dated

11.04.2017, under Sections 363, 366-A, 376(2)(1), 506 of Indian

Penal Court and Section 6 of POSCO Act, Police Station Khundian,

District Kangra, H.P. While arguing the matter, Mr. D.N. Sharma,

1 Whether the reporters of the local papers may be allowed to see the Judgment?

Advocate, has stated that statement of the victim stands recorded

.

on oath. However, he has not placed the same on record.

2. Once the victim testifies on oath, then her statement

becomes sufficient evidence and without looking into that, this

Court cannot arrive at conclusion that whether bail is to be granted

or not. Confronted with this situation, Mr. D. N. Sharma, Advocate,

wants to withdraw the petition with liberty to file fresh by annexing

statements of all the witnesses, exhibits and police challan. Mr.

Ram Lal Thakur, learned Assistant Advocate General, does not

oppose such request.

3. Given above, the present petition is dismissed as

withdrawn with liberty reserved to the petitioner to file fresh, in

case he so desires. It is clarified that if the petitioner files fresh

petition and annexes police report, then the Registry shall not raise

any objection about its legibility. The petition is dismissed. Liberty

is reserved.

(Anoop Chitkara) Judge January 02, 2021 (R.Atal)