HARIOM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner seeks grant of regular bail in case FIR No. 937/2014, under Ss. 363/376 IPC, registered at Police Station Jaitpur, Delhi. Counsel for the petitioner submits that the petitioner is innocent person having no nexus with the above FIR. Counsel further submits that the petitioner is in judicial custody since 04.01.2015. He also submits that the victim/prosecutrix is major and the petitioner and the victim are in love with each other and they want to marry, if so permitted. It is also the contention of counsel for the petitioner that the FIR has been registered at the instance of sister of the victim/prosecutrix. It is further contended that the victim accompanied the petitioner on her own free will, as she was major and hence no offence has been committed by the petitioner in the present case and all the allegations levelled against him are false and absurd. Counsel accordingly prays for release of petitioner on regular on such terms and conditions as may be imposed by this Court.

(2.) On the other hand, learned APP for the State vehemently opposes the grant of regular bail to the petitioner on the ground that the petitioner kidnapped the victim on 16.12.2014 from the house of her sister Mamta and thereafter he committed rape on the person of the victim. Learned APP further submits that statement of the prosecutrix/victim has been recorded under Sec. 164 Cr.P.C. wherein she has specifically stated that she has been forcibly taken by the petitioner and thereafter, he committed rape on the person of the victim. Learned APP accordingly prays for dismissal of the bail application.

(3.) Perusal of the record shows that charge -sheet has been filed by the prosecution in this case under Ss. 363/366/376/506 IPC. Perusal of the record further shows that the victim on the date of the alleged incident was major, as the school certificate placed on record reveals her date of birth as 12.01.1996. One photocopy of the affidavit of the victim/prosecutrix is also placed on record wherein it is stated by her that she accompanied the petitioner with her consent and free will.