KAMALUDDIN KHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner seeks bail in case FIR No.423/2016 under Section 354/376/506/363 IPC and Sections 4 and 8 of POSCO Act, Police Station Malviya Nagar.

(2.) The allegations against the petitioner are that the petitioner, on 203.2016, called the complainant, aged 17 years, to his house. The complainant is alleged to have gone to the house of the accused at 1 pm and thereafter the accused is alleged to have taken the complainant to a hotel at Gurgaon and committed the offence of rape and thereafter brought her back to her house at 3 pm. It is alleged that the accused thereafter kept on threatening the complainant and had even taken her photographs in appropriate conditions and was using them to threaten her.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated and there was is evidence against the petitioner except for her statement. He submits that the testimony of the prosecutrix is also unreliable as it is contradicted by scientific evidence. It is contended that the FSL report with regard to the clothes has come negative and, further, the CDR report does not establish that the petitioner was in Gurgaon between 1 to 3 pm. He submits that the location of the petitioner in Gurgaon has been shown to be between 9:56 am to 11:08 am whereas the incident is alleged to have happened between 1 pm to 3 pm.