GULSHAN KUMAR @ GULLI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present application has been filed under Sec. 439 of the Code of Criminal Procedure by the petitioner/accused for the grant of regular bail in FIR No.379/2016, under Sections 342/354/354-B/354-D/363/34 Penal Code read with Sec. 8 of the POCSO Act and 67-B/67 of the I.T. Act, Police Station Vasant Kunj North.

(2.) The facts, emerging from the record, are that the complainant/prosecutrix had made a statement to the police that she was student of class 10th and she was aged 16 years. She had a Facebook ID which the prosecutrix was using for the last about 1 years. About 6-7 months back, a friend request was received from one Gulli which was accepted by the prosecutrix, and they had been subsequently chatting with each other. One day, Gulli asked the prosecutrix to meet him. When the prosecutrix was coming from her school, Gulli was found waiting in the DESU street along with a boy. Gulli asked the prosecutrix to have a talk with him. Thereafter, those boys took the prosecutrix to a nearby house by deceitful means where Gulli started forcing himself upon the prosecutrix. Gulli undressed the prosecutrix and clicked her photographs. The prosecutrix raised an alarm and managed to get out from there. Due to fear, she could not narrate the incident to anyone but blocked the facebook ID of Gulli. Prior to filing of FIR, Gulli sent the photographs which were clicked by him from the same facebook ID. Thereafter, a friend request was received from one Sonia Singh which was accepted by the prosecutrix. Later on it was revealed that the said ID was not of a girl rather it was of a boy and upon finding this out, the prosecutrix stopped chatting. A phone number was sent on the facebook and prosecutrix was asked to make a call on the said number. The prosecutrix made a call to the said phone number from the mobile phone of her neighbour. A boy was talking from the other side of the phone who did not disclose his name and told the prosecutrix to talk on facebook else her photographs would be uploaded publicly on facebook. Thereafter, ID of Sonia Singh was blocked by the prosecutrix. On 207.2016, neighbour Vivek of the prosecutrix informed her that he had been receiving calls on his mobile phone asking for Sonia Singh. When prosecutrix checked her facebook, she found her nude photographs on the facebook ID of Sonia Singh which were clicked by accused Gulshan @ Gulli.

(3.) On the basis of above statement of the prosecutrix, FIR of the instant case was registered. Accused was arrested and his mobile phone was seized wherein the nude photographs of the prosecutrix were found saved. Statement of the prosecutrix under Sec. 164 Crimial P.C. was recorded in which she reiterated the allegations made by her in the complaint made to the police. During investigation, the facebook ID of accused was checked and it was found that nude photographs of the prosecutrix were uploaded by him.