MEWA RAM Vs. N.C.T. OF DELHI

JUDGEMENT

(1.) THIS is a petition under Section 439 Cr.P.C. for grant of bail. The allegation against the petitioner/landlord is of raping the prosecutrix, who is stated to be a minor (bone age more than 14 years but less than 17 years) and was living with her uncle and aunt at B-1/196 Vishnu Garden. The petitioner/landlord in July, 1996 is alleged to have called the prosecutrix to first floor room. The prosecutrix thinking that petitioner needed her assistance to look after his son aged 2 years, went upstairs, since the petitioner/landlord's wife was away. It is alleged that the petitioner bolted the door from inside, undressed and raped her the whole night. The prosecutrix alleges in the FIR that the petitioner assured her that he would help her and arrange for her marriage as well as give the Uttam Nagar flat to her uncle. She is stated to have agreed to the petitioner's proposal. Petitioner/landlord is alleged to have threatened the prosecutrix to ruin her if she disclosed the incident to her family members. Petitioner is alleged to have continued to molest her from July, 1996 to April, 1997, against her consent and wish. The medical examination and report did not reveal any fresh visible external injury. There was no sign of injury to the genitals but the hymen was reported as torn (old).

(2.) IN May, 1997, the prosecutrix with her Uncle had shifted residence. It is alleged in the FIR that in May, 1997 petitioner tried to have sex with her. Thereafter, it is stated that on 10.1.1998, the prosecutrix revealed the facts to her Uncle who took her to the police station for lodging the report. It is also revealed during the course of arguments that the prosecutrix's mother was also living with her. Petitioner/landlord's case is that it is a totally false, concocted and fabricated allegations, with a view to pressurise him to give up his claim for rental.

(3.) THE petitioner is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the Trial Court/Deputy Magistrate. Petition allowed.