ANAND KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE PETITIONER SEEKS HIS RELEASE ON BAIL IN CASE FIR NO. 250/2004 UNDER SECTION 376 IPC.

(2.) THE PETITIONER FACES ACCUSATION OF SUBJECTING HIS 13 YEAR OLD DAUGHTER TO SEXUAL ABUSE AND RAPE. THE PROSECUTION VERSION EMANATING FROM THE STATEMENT OF PROSECUTRIX UNFOLDS THAT HER MOTHER WAS A CANCER PATIENT WHO DIED IN SEPTEMBER 2003. AFTER THE DEATH OF HER MOTHER THE PETITIONER UNDER THE INFLUENCE OF ALCOHOL STARTED SEXUALLY ABUSING THE PROSECUTRIX EVERY EVENING. ACCORDING TO HER HE TORE HER CLOTHES AND ATTEMPTED TO MAKE SEXUAL RELATION WITH HER. SHE TRIED HER BEST TO REPEL HIM BUT COULD NOT SUCCEED. HER YOUNGER SISTER WAS A WITNESS TO ALL THIS AND IN THE LAST WEEK OF FEBRUARY, 2004, STATES THE PROSECUTRIX IN HER REPORT TO THE POLICE, THE PETITIONER SUCCEEDED IN MAKING RELATION WITH HER. THEREAFTER, HIS VISITS TO HER BECAME MORE VIOLENT WHICH SHE COULD NOT STAND AND EVENTUALLY ON 2ND JULY, 2004 SHE ALONG WITH HER YOUNGER SISTER WENT TO SCHOOL NOT TO RETURN HOME SHE ALONG WITH HER SISTER RATHER PROCEEDED TO ONE OF HER FRIEND'S PLACE AND SPENT NIGHT THERE. AT SCHOOL SHE NARRATED THE ENTIRE INCIDENT TO HER TEACHER WHO IN TURN INFORMED ABOUT THE SAME TO HER RELATIVES IN DELHI. SHE ALONG WITH HER YOUNGER SISTER WAS LATER TAKEN ALONG BY HER UNCLE. SHE REPORTED THE MATTER TO THE POLICE ON 28TH JULY, 2004 AND ACCORDINGLY A CASE FIR UNDER SECTION 376 IPC WAS REGISTERED AGAINST THE PETITIONER AT PS NEW ASHOK NAGAR, DELHI.

(3.) THE PROSECUTRIX WAS TAKEN TO THE HOSPITAL FOR HER MEDICAL EXAMINATION. SHE HOWEVER, DID NOT AGREE TO HER INTERNAL MEDICAL EXAMINATION.