(1.) The present application has been filed seeking regular bail in connection with FIR No.0744/2020 under Ss. 376(2)(n)/377/323/506 IPC registered at PS Tilak Nagar.
(2.) The case of the prosecution as borne out from the FIR is that the prosecutrix met the petitioner in the year 2019 at the time of Ganpati Visarjan and they became friends and started talking to each other over the telephone. Fifteen days prior to Holi in March, 2020, the petitioner called the prosecutrix at the residence of his friend Deepanshu, where the petitioner made the prosecutrix to drink beer and, thereafter, the petitioner forcibly established physical relations with her. It is alleged that the petitioner also prepared a video and started blackmailing the prosecutrix. The petitioner also made a promise to prosecutrix to marry her, however, later on it came to the notice of the prosecutrix that the petitioner is married and under the threat that the petitioner will publish the video of the prosecutrix, he repeatedly established physical relations with her and the last such incident happened on 8/10/2020 at the residence of the prosecutrix. It is further alleged that the petitioner refused to marry the prosecutrix. This led to the filing of complaint by the petitioner which culminated into the aforesaid FIR. Thereafter, the petitioner was arrested on 21/10/2020.
(3.) The learned counsel for the petitioner has invited the attention of the Court to the complaint, as well as, to the testimony of the prosecutrix recorded on 9/12/2022, to contend that in the complaint it has been mentioned that the prosecutrix met the petitioner in the year 2019 on the occasion of Ganpati Visarjan whereas in the testimony recorded on 9/12/2022 she has stated that she had met the petitioner in the year 2020.