DUSHYANT VARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The applicant is involved in a case u/s 376 of IPC. This is second bail application of the applicant made before High Court. The first bail application, after lengthy arguments, was withdrawn. The additional grounds taken by the applicant are that the call records of the prosecutrix, SMS messages and the carbon copy of MLC of prosecutrix show that the prosecutrix was a consenting party and there was fabrication of evidence.

(2.) It is submitted by counsel for the applicant that after the alleged incident of rape, the prosecutrix had travelled in the car of the accused for about 10 kilometers and she got down near Bhikaji Gama Place. She did not lodge FIR on the same day. There was delay in lodging of FIR of two days. Though the prosecutrix had visited Max hospital on the same night but the injuries described by her in her complaint to the police as well as to the Doctor of AIIMS at the time of her examination at AIIMS do not find mention in the prescription of Max hospital. It is also submitted that accused and prosecutrix had been exchanging SMSs reflecting their long relationship.

(3.) In order to consider this application, it would be necessary to look into some of the documents, SMS messages and conduct of the parties and statement of witnesses.