AHSHAN ALI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No.0354/2020 under Ss. 323/376 IPC registered at PS Jyoti Nagar, Delhi.

(2.) The brief facts of the case as per the prosecution as borne out from the FIR are that the prosecutrix was married to the son of the petitioner, namely, Ashim Raja on 23/3/2019 as per Muslim rites. There is no child born out from the said wedlock. Immediately after the marriage, the in-laws of the prosecutrix started harassing her. The husband of the prosecutrix would also beat her and made unnatural relations with her on many occasions. The prosecutrix also came to know that her husband is having an affair with another girl and she tried to reason with him but the better sense did not prevail over him. This fact was also brought to the notice of the petitioner (father-in-law) by the prosecutrix and the petitioner assured the prosecutrix that he would try to reason with his son. The mother-in-law of the prosecutrix had already expired and on various occasions the prosecutrix would be alone at home with the petitioner. It is alleged in the FIR that on 24/6/2020 when the petitioner and the prosecutrix were alone at home, the petitioner caught hold of the prosecutrix and forcibly made physical relations with her. It is further alleged that even on subsequent occasions, the petitioner made relations with the prosecutrix. Later on, when the prosecutrix shared the alleged incident with her parents, they came to the matrimonial home of the prosecutrix. Thereafter, a complaint was made by the prosecutrix on 31/7/2020, on the basis of which abovementioned FIR was registered under Ss. 323/376 IPC.

(3.) On the basis of the aforesaid FIR, the petitioner was arrested on 1/8/2020.