MUNNA KHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Ld. counsel for the petitioner submits, in the instant case the FIR No.613 dated 26.08.2005 under Section 363 has been registered at PS Dabri, Delhi on the statement of the father of the prosecutrix. Thereafter on 24.09.2005 statement of the prosecutrix was recorded wherein she has stated that she was studying in 12th class. She was having light friendship with Suman Khan for the last about 6 months. They decided to leave Delhi on 25.08.2005. Shri Sirajul and Bappi Sarkar came to see them off at Sarai Rohilla Station. They got down at Patna. From Patna they went to Asan Sol, and from Asan Sol to Shivri. At Shivri they stayed from 29.08.2005 to 31.08.2005. During that period Munna Khan and Shamim (Kajol) came to meet them and Munna Khan gave her an amount of Rs.1,000/-. Thereafter, they both left Shivri and came to Darjelling. From there after about 5/6 days they came to Siliguri. During their stay in Arora Hotel in Shivri, they had a talk over telephone with Suman and Deep Punjwani and informed them that they were staying there. This was in the knowledge of Munna Khan, Shamim, Deep Punjwani, and they had been sending them to different places, whereas they were interested in living together.

(2.) It was also stated in the aforesaid statement under section 164 Cr.PC that they both were interested for marriage, therefore, they were interested in living together.

(3.) The allegation against the petitioners is that he firstly paid Rs.1000/- to her (not to Suman Khan who alleged to have kidnapped her). Petitioner just helped them, as per the allegation.