MOHD. MOIZ Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The petitioner has preferred the present bail application to seek regular bail under Sec. 439 Crimial P.C. in case FIR No. 623/2016 dated 17.08.2016 registered under Sections 376/506/328 Penal Code at police station Hauz Khas, New Delhi.

(2.) The petitioner is in custody since 19.08.2016. The charge-sheet stands filed. The aforesaid case has been registered on the statement of the prosecutrix in which she has alleged that the petitioner accused was working in the same company where she is working. According to the prosecutrix, the petitioner proposed to her for marriage on 05.06.2016. She went to Safdarjung Development Area (SDA), New Delhi, where the petitioner put some substance in a drink and also forced her to take alcohol. She claims that she got drowsy and unconscious, where after, he forced himself upon her. Subsequently, the petitioner apologized to the prosecutrix and promised to marry her. Due to this false promise, she got influenced and made physical relationship with the petitioner accused. However, subsequently, the petitioner turned around and stated that he had no intention to marry the prosecutrix. She further alleged that she has threat to her life and safety from the accused.

(3.) The submission of learned counsel for the petitioner is that the prosecutrix first made a complaint on 12.08.2016 on the basis of which FIR No. 618/2016 was registered under Sec. 509/506 IPC. In this complaint, the prosecutrix did not make any accusation of rape against the petitioner. The allegation was that the petitioner had abused the prosecutrix in the most filthy manner and threatened to murder her. She stated that she felt threatened and fear for her safety. She sought arrest of the petitioner and action against him under the law. Subsequently, she improved her story and registered the second complaint as FIR No. 623/2016 on 17.08.2016 and in the said complaint, she, for the first time, alleged that the petitioner had induced her into physical/sexual relationship by spiking her drink and forcing her to drink alcohol on the false promise of marriage. She stated that the petitioner had been making romantic overtures towards her and proposed marriage. She also alleged that on 05.06.2016 at Safdarjung Development Area (SDA), New Delhi, he put substance in her drink and forced her to take alcohol. When she became drowsy and unconscious, he forced himself upon the prosecutrix and later on admitted to his crime and apologized and stated that he would marry the prosecutrix. She stated that due to the said false promise, he influenced into a physical relationship but, subsequently, he turned around and stated that he had no intention of marrying her. He became abusive and threatened the complainant/prosecutrix. In this complaint, she also stated that the petitioner told her not to mention regarding the physical relationship established between the parties in her earlier complaint. She also alleged that on the previous day, i.e. 06.08.2016, the accused refused to honour his commitment at the police station.