SHASHI SHEKHAR THAKUR Vs. STATE

JUDGEMENT

(1.) By this petition the petitioner seeks bail in case FIR No. 61/2013 under Sections 376(2)(f)/109/34 IPC registered at PS Connaught Place.

(2.) Learned counsel for the petitioner contends that the petitioner who was related to the prosecutrix was residing at Muzaffarpur. From the evidence of prosecutrix and other prosecution witnesses and the school she attended, it is evident that she never stayed with the petitioner but at Darbangha with her maternal uncle and aunt. The FIR in question has been registered belatedly after the petitioner opposed the marriage of the prosecutrix with her present husband. Petitioner at no point of time had access to the prosecutrix and to wreak vengeance she lodged the FIR in question. The FIR was registered to wreak vengeance is fortified by the fact that the prosecutrix neither identified the room at Western Court, Janpath .nor the place at Khirki Extension, Malviya Nagar where she alleged that she was sexually assaulted. Despite the petitioner having been in custody since 30th November, 2013 only 11 prosecution witnesses have been examined out of 37 cited. The fact that the petitioner is innocent is fortified by the statement of PW-9 and PW-10, Mama and Mami of the prosecutrix with whom she had been residing. The reply to the application filed by the petitioner under RTI to the CBSE reveals that no Holy Mission School existed in Muzaffarpur and thus the prosecutrix stayed at Darbangha with her maternal uncle. Despite the fact that the prosecutrix stayed in Darbangha from 2000 and in Hyderabad in 2006 she filed the FIR only in the year 2013. Since the prosecutrix has already been examined and the trial is likely to take time, petitioner be granted bail. Reliance is placed on the decision in Sidharam Satlingappa Mhetre Vs. State of Maharashtra and Ors. decided by Supreme Court on 2nd December, 2010 vide CRL.Appeal No.2271/2010.

(3.) A status report has been filed. As per the status report on 24th April, 2013 a complaint was received from Ms. 'X' aged 26 years wherein she stated about sexual, mental and physical abuse she faced over a span of many years, since she was a child of 9 years, from the petitioner who was her Mousa, against the petitioner's wife who assisted the petitioner and against his brother who also sexually abused her.