HARI OM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Petitioner seeks anticipatory bail in FIR No. 617/2016 under Sections 376/506 of the IPC registered at Police Station Vijay Vihar, New Delhi.

(2.) The allegations in the FIR are that the petitioner who is son of the mother's brother of the prosecutrix used to misbehave with her. In December, 2015 when her husband was not at home he is alleged to have entered the house, misbehaved with her and thereafter committed the offence of rape on her. Thereafter he is alleged to have again misbehaved with her on 05.07.2016 and 15.07.2016. However, there was no allegation of committing any offence under section 376 afresh on those dates.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the subject FIR is an offshoot of property dispute pending between the families. He further submits that there is unexplained substantial delay of about 8 months in making of the complaint to the police. He further submits that there was substantial improvement in the statement recorded under Section 164 Cr. P.C. from the allegations made in the FIR.