RAVINDER KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under Sec. 439 Cr.P.C. seeking regular bail in FIR No.634/2021 dtd. 16/11/2021 registered under Sec. 376/506 IPC and Sec. 6 POCSO at PS Ambedkar Nagar, Delhi.

(2.) Briefly stated facts of the case are that the FIR was lodged on the statement of Ms.FK, it had been alleged that the complainant lives with her mother namely 'simranjit kaur ' and younger sister and she studies in 7th class. Her father 'Tarandeep ' died on 27/11/2019 due to illness. After the death of her father, uncle Ravinder Kumar Yadav started visiting her house, whom her mother knew because she used to get medicines for her father's illness.She stated that she does not like Ravinder Kumar Yadav coming to their house and meeting her mother.On 2/6/2020 around 6:00 p.m. he came to complainant 's house to celebrate his birthday. The victim alleged that her mother had gone with her younger sister to buy cake and came back after about half an hour. In the meantime, she was alone at home with accused Ravinder Kumar Yadav who forcefully took off her clothes and forcefully put his private part in her private part and he also pressed the complainant 's mouth with his hands and she could not scream because there was no tenant in their house during the lockdown. Complaint has also alleged that the petitioner threatened her that if she would tell this to anyone, he would do the same with her younger sister from which the complainant got scared and did not tell anything to her mother. Thereafter the petitioner left after celebrating his birthday. Due to this incident the victim had gone into depression and due to depression, she wanted to her end her life.

(3.) Perusal of the file indicates that on 31/10/21 the victim Ms. "FK" was admitted in RML Hospital. During treatment she left without informing her mother and doctor on 6/11/2021 and a Case FIR No. 83/2021 dtd. 6/11/2021 U/S 363 IPC PS North Avenue was registered. Thereafter during Medical examination and statement U/S 164 Cr.P.C. the victim stated that on 2/6/2020 one Ravinder Kumar Yadav (Friend of her Mother) had raped her at her house.After investigation charge sheet was filed under Sec. 376/506 IPC and 6 POCSO Act.