MUKESH GARG Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Petitioner seeks regular bail in case FIR No.613/2018 under Sections under Section323/354/376-D/452/120-B/34 Indian Penal Code, 1860, registered at Police Station Nihal Vihar, Rohini, New Delhi.

(2.) Subject FIR was registered on the complaint of the prosecutrix alleging that she is divorced and lives alone. It is alleged that about two months before registration of the FIR, she came in contact with one Rinku, co-accused and subsequently became friendly with him and thereafter voluntarily had physical relations with him. It is alleged in the FIR that on 25.09.2017 at about 9.30 PM, Rinku called her up and enquired about her whereabouts and she stated that she was at home. He stated that he was outside her house and wanted to meet her. At about 9.40 PM, he came to her house with another person. When she opened the door, they both came into the house and Rinku introduced the other person as his brother Maluk (another coaccused). Thereafter Rinku started misbehaving with her. When she objected, he beat her and left. It is alleged that subsequently on 26.09.2017 at about 1.00 AM the other person, who had earlier come with Rinku, i.e. Maluk, came with one Babloo and forcefully entered her house and the two without her consent made physical relations with her.

(3.) Subject FIR was registered on the complaint given by the prosecutrix at about 6.30 AM on 26.09.2017. Subsequently, the petitioner was taken for medical examination. The medical examination was conducted on 26.09.2017 at about 12.30 PM. In the Medico Legal Register for Sexual Assault Victim, the notes made by the Chief Medical Officer, based on the history given by the victim are also similar to what was recorded in the FIR. The counselling report submitted by the Counsellor dated 26.09.2017 is also on similar terms.