SANTOSH Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By this application filed under Section 438 of Cr. P.C., the applicant seeks anticipatory bail in FIR No. 503/2017 under Section 376/354D/506 of Indian Penal Code, registered at Police Station Aman Vihar, Delhi.

(2.) The case of the prosecution in nutshell is that about one year prior to the registration of the FIR in present case, the prosecutrix was attending the classes for beauty parlour & sewing of clothes at Mundka NGL and the applicant, who resides near her house used to follow her on the pretext that he loves her which was objected by the prosecutrix; that one day when the prosecutrix was out from her house for some work, applicant met her and took her to Laxmi Vihar Park, Prem Nagar-III, and committed rape upon her without her consent and also threatened not to disclose else he would kill her and her brother; that applicant sexually assaulted the complainant two to three times during the last one year; that on 03.05.2017, when the complainant was returning to her house, applicant stopped her and attached with a blade on the right side neck for which a separate FIR No. 119/2017 under Section 324/506/34 IPC was registered at the applicant.

(3.) Learned counsel for the applicant submits that applicant is an innocent boy and has been falsely implicated in the present case; that the applicant and complainant are known to each other since 2016 and was in relationship, exchanged love letters and relied o on photographs which are annexed with the application; that they were willing to get married but when differences arose, the complainant lodged a false and fabricated FIR against the applicant; that no allegation of sexual assault has been made against the applicant by the complainant in FIR No. 119/17 under Section 324/506/34 registered at Police Station Mundka, which was lodged three days prior to registration of present FIR.