MOHAMMAD SHAHID Vs. STATE OF (NCT) OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 115/2024 of PS Vikaspuri for offence under Sec. 376/342/354(D)/506 IPC and Sec. 06/12 POCSO Act.

(2.) Briefly stated, the prosecution case is as follows. In the month of April 2023, the accused/applicant, working as a construction labourer in NDMC Apartments, Vikaspuri allured the prosecutrix, minor in age, with his sweet talk and they became friends. But thereafter, one day the accused/applicant allured the prosecutrix to a deserted ground floor apartment which was under construction. Over there, the accused/applicant raped the prosecutrix and even threatened her not to disclose the incident to anyone. Even thereafter, till November 2023, the accused/applicant repeatedly raped the minor aged prosecutrix.

(3.) Learned counsel for accused/applicant submits that at the time of the alleged incidents, the prosecutrix was major in age. For this claim, learned counsel refers to the testimony of PW-2 mother of prosecutrix, who stated before the Trial Court that she got married in the year 2000 and within two years the prosecutrix was born. It is further argued by learned counsel that it is a clear case of consensual relations between the prosecutrix and the accused/applicant. For this, learned counsel for accused/applicant, refers to the FIR, which mentions that the prosecutrix became friends with the accused/applicant.