ALOK Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present bail application filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter 'BNSS'], the applicant/accused seeks anticipatory bail in case arising out of FIR No. 756/2024, dtd. 21/10/2024, registered at Police Station Shahbad Dairy, Delhi for offences punishable under Ss. 64/351(2) of the Bharatiya Nyaya Sanhita, 2023 [hereafter 'BNS'], read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act'].

(2.) The present case was registered pursuant to filing of a complaint by the prosecutrix, alleging therein that in the month of October, 2023, when she and her parents had shifted to a rented accommodation in the neighbourhood of the accused, the accused had approached her, expressing his love for her. Thereafter, after one or two days, the prosecutrix had visited the shop of the accused, where he had allegedly dragged her inside the shop and had committed rape upon her. He had threatened her that he would kill her father if she will not visit his shop every Sunday. Out of fear and under duress, the prosecutrix had begun visiting the shop of the accused every Sunday, during which she was allegedly subjected to repeated sexual assault. The last such incident had occurred on September 29, 2024, when the accused had allegedly raped her in his shop. On October 10, 2024, the accused had again demanded that the prosecutrix visit his shop. Fearful of being subjected to further sexual assault, she had fled from her home and taken refuge at the house of her friend. However, later that night, she had returned home. Two or three days thereafter, she had confided in her mother about the incident of sexual assault. Her mother had made a PCR call and had lodged complaint with the police.

(3.) During the course of investigation, the prosecutrix was presented before the Child Welfare Committee (CWC), Alipur, for counselling. Documents obtained from the Primary Girls School had revealed her date of birth as 1/1/2010. The prosecutrix had thereafter undergone a medical examination vide MLC No. 2502/23, and an NGO had been informed, which provided her with counselling. Consequently, the present FIR was registered.