AMAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') for grant of regular bail in FIR No. 148/2023 dtd. 24/2/2203, registered at Police Station Raj Park, for offences under Ss. 363/365/342/323/506/376 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'). The chargesheet has been filed against the applicant for the offences under Ss. 363/366A/34/109/323/342/506/376 of the IPC and Sec. 6 of the POCSO Act.

(2.) The FIR was lodged on a complaint given by the complainant/ prosecutrix on 24/2/2023, alleging that the present applicant and the co-accused person Abhay alias Kaku (both are stated to be brothers), kept her in confinement and established forceful sexual relations with her.

(3.) It is alleged that on 29/8/2019, when the prosecutrix was 17 years of age, the said accused persons called her to the park to meet her. Upon meeting the said accused persons, it is alleged that the prosecutrix was made to sniff a handkerchief, pursuant to which she became unconscious. When she regained her consciousness, she found that she was completely naked. Thereafter, it is alleged that the co-accused Abhay threatened her by showing a knife. It is alleged that the co-accused Abhay tied the hands and legs of the prosecutrix and locked her in a room. It is alleged that the present applicant and co-accused Abhay continued to establish physical relations with the prosecutrix against her will.