PREM CHANDA Vs. STATE

JUDGEMENT

(1.) By this application, applicant seeks bail in the case FIR No. 63/ 2003 under Section 376/506/34 IPC, P.S. Prashant Vihar, Delhi.

(2.) Petitioner is stated to be a senior citizen of more than 62 years of age and the above noted FIR was registered as far back as in the month of February, 2003 by the victim, alleging sexual assault by two persons. It is submitted that petitioner is being falsely implicated in this case on account of a property dispute, there were no injuries on the body of the victim, as per the MLC. Counsel for petitioner contends that even as per the cancellation report based on the investigation it was found that the victim was at Peeragarhi at the relevant time. Counsel for petitioner further submits that by an order dated 25.5.2006, learned Metropolitan summoned the complainant through IX). for 27.7.2006, however, the complainant did not appear, nor the steps were taken to ensure her presence.

(3.) Learned APP for the State has opposed this application for grant of bail on the ground that as per the statement made by the victim under Section 164 Cr.P.C. she had categorically named the petitioner as the person who had raped her.