NEERAJ GUKATI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure 1973 (Cr. P. C.) seeking the following prayers -

(2.) ON 19th February. 2007, FIR No. 54/2007 under Section 376 IPC was registered at Police Station Naraina against the petitioner, a citizen of the United States of america (U. S. A) and holder of a passport of that country, at the instance of the prosecutrix, aged 18 years and a permanent resident of Jharkhand. She stated that she was working as a domestic help at the residence of the Petitioner's father in New Delhi having been placed on that since 14th December 2006 job by her maternal uncle who ran a placement agency in Delhi. The petitioner's father was the owner of the house. She also used to live in the upper room of the same premises. She stated that on 6th February 2007 the Petitioner came alone to live at his father's house leaving behind his wife and children in the U. S. A on 15th February 2007 at about 5 p. m. , the petitioner asked for a glass of water. At that time he was in his bed and the Petitioner's father had gone out for a walk. When the prosecutrix gave water to the Petitioner he caught hold of her and when she protested he shut her mouth with his hand and raped her. She stated that since the owner of the house had locked the telephone, she could not immediately make a call. She stated that on 17th February 2007 at about 6 p. m. , when the married sister of the Petitioner came to the father's residence the prosecutrix informed her of the incident. The prosecutrix was rebuked by the sister for making a complaint. Thereafter that the Petitioner and his sister took the prosecutrix in a car and dropped her at the placement agency. The prosecutrix confided the facts to her uncle who then brought her to Deen Dayal upadhyaya Hospital on 18th February 2007 where she was medically examined. She gave a statement to the police and on that basis the above FIR was registered on 19th february 2007 and investigation was taken up.

(3.) ANNEXED to this petition is a copy of a look Out Circular dated 19th February 2007 addressed by the Deputy Commissioner of Police (South-West District) to the foreigners Regional Registration Officer mentioning that the Petitioner was wanted in FIR No. 54/2007 under Section 376 IPC registered at Police Station Naraina and that he was evading arrest in the case.