AFSAR SAIFI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application has been filed seeking regular bail in FIR No.0013/2019 registered with Police Station: Old Delhi (Delhi Main) Railway Station under Ss. 363/366/376/505/34 of the Indian Penal Code, 1860 (in short, 'IPC') and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act'). The FIR was initially registered only under Sec. 363 of the IPC, however, on the statement of the victim, the other Ss. were added thereto.

(2.) It is the case of the prosecution that on 27/1/2019, when the victim went along with her maternal grandfather to the Old Delhi Railway Station to catch a train to Lal Kuan, Uttarakhand, she went missing from the said station. Later, she was recovered from the Court premises at Meerut. In her statement under Sec. 164 of the Code of This is a digitally signed order.

(3.) The learned counsel for the applicant submits that the victim has been examined before the learned Trial Court, and she has stated that she went with the applicant out of her own free will and volition. He further submits that the other main witnesses, that is, the family members of the victim, which include her mother and the maternal grandfather, have also been examined before the learned Trial Court, and only the formal witnesses remain to be examined. He further states that the applicant has been in custody since 19/2/2019, and has already undergone imprisonment of almost five years.