NAUSHAD Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is an Application under Section 438 Cr.PC for grant of Anticipatory Bail in FIR No. 013/2020 dated 08.01.2020 registered at P.S. Burari, District: North under Sections 376/506 and 34 IPC.

(2.) Briefly stated, the case of the prosecution is that a Complaint was filed by the Complainant in which it was alleged that her marriage was solemnized with Rasheed on 12.11.2012 as per Muslim Rites. Family members of her husband resided jointly in the property, which is owned by her eldest brother-in-law, Shamshad. Her husband does the work of denting and painting and earns Rs. 25,000/- to 30,000/- every month. He hands over his income to his brothers, namely, Shamshad and Naushad and follows their dictate on every issue. Complainant was dependent even for her daily expenses on her brothers-in-law and whenever she asked them for money for expenses, they showed bad intention towards her. The husband of the Complainant never gave her any money and even when requested to pay for the daily needs of the children, he used to beat her. It is stated in the Complaint that the house was actually purchased by her husband, but is in the name of Shamshad. Complainant resided at the first floor of the house and on the same floor, her brother-in-law Shamshad was living. Applicant resides at the ground floor of the said property.

(3.) As the Complaint goes, on 25.05.2015, at around 1 p.m. while the husband of the Complainant was at his shop and she was sleeping alone, her brother-in-law Shamshad knocked on the door and when she permitted him in, he raped her. He also threatened her that if she revealed the incident to anyone, her children will be murdered and he would make viral, the obscene pictures that he had taken in the room. On 18.06.2015, at around 12 p.m. Shamshad again raped her under the threat of posting her pictures on the internet. It is alleged that Shamshad had been raping her from the last six months, against her wish and on 20.12.2015, the Applicant raped her.