WASIM AKHTAR Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 53/2025 of PS Karawal Nagar for offence under Sec. 64(1)/137(2) BNS and 4 POCSO Act.

(2.) Broadly speaking, the FIR was registered on the statement of 17 year old prosecutrix, narrating the alleged incident as follows. The prosecutrix was living with her mother and two brothers as her father passed away four years back and she knew the accused/applicant for past one year as they used to speak over telephone. On 14/2/2025, the accused/applicant called her to the house of a lady under some pretext. Once the prosecutrix reached there, the accused/applicant filled parting of her hair with vermilion and kissed her. Thereafter, despite her protests the accused/applicant established sexual relations with her. On reaching home, her brother called police after which her medical examination was carried out.

(3.) Learned counsel for accused/applicant contends that the prosecutrix was aged above 18 years and indulged in sexual relations with her consent. It is also contended by learned counsel for accused/applicant that the day of the alleged incident was a special day being Valentine Day.