MOHD AKHTAR Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS application under Section 439 Cr.P.C. has been made on behalf of the applicant for grant of bail. The applicant is involved in case under Section 376 IPC. The prosecutrix in her statement stated that she used to keep ill. The applicant, who used to visit her house brought and gave a taveez (talisman) to her and told her to wear it around her neck that this would cure her illness. On the day of incident, while she was going to her sister's house, on the way the accused met her, enquired about her health and then told her to accompany her that he would take her to the woman, who shall prepare another taveez for her and she would be cured. Alluring her in this manner to accompany her, he took her to a jhuggi and told her to sit there that woman would come after sometime. After some time he brought meal. The prosecutrix took little food and thereafter, the accused raped her forcibly in that jhuggi.

(2.) IT is argued that the evidence of the prosecutrix shows that she was a consenting party. Merely because prosecutrix accompanied the accused of her own free will for going to the woman, who would give her a taveez does not show that she also consented for sexual intercourse. IT is apparent that accused first won over the trust of the prosecutrix and thereafter raped her against her consent. I find no reason to grant bail. The application is hereby dismissed.