RAJKUMAR 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. 236/2016, under Sections 376D/342 Penal Code and Sec. 4 of the POCSO Act, Police Station Anand Parbat.

(2.) The facts as emerge from the records, are that the prosecutrix, aged 17 years, had made a statement to the police that she was living at H.No. 2087/6A, B-5, Gali No. 21, Prem Nagar, Anand Parbat, Delhi along with her family on rental basis. On 07.05.2016 at about 05.00 p.m., when she was coming down from the roof, accused Jaswant, nephew of the landlord, picked the prosecutrix forcibly and took her to a room belonging to another tenant Rajkumar. When prosecutrix tried to run away, the door hit on her face. Accused Jaswant made the prosecutrix lay on the bed whereas accused Rajkumar bolted the door from outside. When prosecutrix raised alarm, accused Jaswant gagged her mouth. Accused Jaswant removed his pant and underwear and then broke the cloth string of the salwar of the prosecutrix. Accused Jaswant removed the salwar of the prosecutrix and committed rape upon her. In the evening when the mother of the prosecutrix came to the house, entire incident was narrated to her.

(3.) On the basis of statement of the prosecutrix, FIR of the instant case was registered. During the course of investigation, statement of the prosecutrix under Sec. 164 Crimial P.C. was recorded in which she reiterated the allegations made in the original complaint. Both the accused persons were arrested. After completion of investigation, charge sheet was filed in the Court.