PRADUMAN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The present bail application is filed under Sec. 439 of Code of Criminal Procedure in FIR No. 802 of 2020 filed at PS Nihal Vihar for offences under 376, 313, 328, 506 IPC read with Sec. 6 POCSO Act filed on 4/8/2020.

(2.) The facts as per the FIR are that the complainant filed a complaint stating that she is 16 years of age, a student of 12 th Standard and lives along with her parents and two elder brothers. She stated that in January 2020 the Petitioner stalked her while she would go to school and he had expressed his intention to make friends with her but she resisted.

(3.) The FIR states that during the national lockdown stoked by COVID-19, on 20/6/2020 she went to borrow a school book from her friend and when was returning she was stopped by the Petitioner who held her hand and asked her why she was showing an attitude towards him. It is stated that the Petitioner forcefully took her to the ground floor of his house and gave a cold drink and chips to her after which she became unconscious and fainted and when she woke up it is stated found herself on the bed of the Petitioner with her private parts paining and the bed wet. It is stated that she broke down and told the Petitioner that he had wronged her for nothing to which the Petitioner retorted that you have a big attitude and now I have broken it. It is stated further that the complainant due to fear of reprisal from her family did not disclose this happening to them.