YASIR ALTAF Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Petitioner Yasir Altaf, who is in custody for the last five months, seeks regular bail; while Petitioner Omer Baktoo has approached this Court for anticipatory bail. Both these applications are disposed of together, since the same arise from the same FIR.

(2.) As per the prosecution, FIR in this case was registered on the complaint of prosecutrix 'E'. Her statement under Section 164, Code of Criminal Procedure had also been recorded before the Metropolitan Magistrate, Delhi on 28th June, 2010. Prosecutrix 'E' alleged in her statement that she along with her friend T had come to India on 5th January, 2010. It may be noted here that the prosecutrix 'E' and her friend T are Dutch nationals. Their age is about 23/24 years. They are major and healthy grown up women. On 6th January, 2010 they were roaming around in the market as they wanted to buy sim cards. Petitioners Yasir and Omer Baktoo along with their friend Johny met them and offered help. They took them to a photo studio on the pretext that their photographs would be required for purchasing the sim cards. Thereafter, they all sat down in a restaurant and chatted for a while. During the conversation, they told the prosecutrix and her friend that Kashmir is a beautiful place and they should visit Kashmir. Thereafter, they took them to their friend Ali, who was running a travel agency. It was represented that it was a Government travel agency. Prosecutrix 'E' was told that hotels in Kashmir were expensive, therefore, they should stay in a houseboat. Booking was done through travel agent Ali, who took 1390 Euros by credit card and Rs. 20,000/- in cash. Thereafter, they went to Kashmir on 8th January, 2010 and stayed in a houseboat. Accused collected passports of prosecutrix and her friend and retained the same with them, while in Kashmir. Prosecutrix, on inquiry, came to know that hotels were cheaper than houseboats. Accordingly, she confronted the Petitioners and asked them to cancel the tour. At this, their behaviour changed. Yasir Altaf had sexual intercourse with the prosecutrix 'E' against her wishes. Her friend also met the same fate. They stayed in Kashmir for about 17 days. Prosecutrix 'E' left Kashmir on 25th January, 2010, while her friend T left Kashmir two days thereafter. Prosecutrix and her friend did not inform the police as their passports were in the possession of Petitioners. On her return from Kashmir, prosecutrix 'E' went to Pushkar, Jaipur; Ranthambore, Agra and thereafter returned to Delhi. On 27-28. January, 2010, Petitioner Yasir demanded money from her and he threatened that in case money was not paid to him he would not return her passport to her. Prosecutrix 'E' paid Rs. 60,000/- to Yasir in Agra, Yasir returned her passport in Agra. Petitioner Yasir also sexually abused her in Delhi, Jaipur and Kashmir. Thereafter, prosecutrix 'E' went to Kolkata, Varanasi and Bangladesh, where she received telephone calls from Yasir and Omer, threatening her that in case matter was complained to the police, she would face dire consequences.

(3.) Learned Counsel for the Petitioners submit that no allegations have been levelled against the Petitioner Omer that he had sexually assaulted prosecutrix 'E;. So far as prosecutrix's friend T is concerned, she has not come forward to make a statement that Petitioner Omer had sexually assaulted her, even after lapse of four months.