ANUPAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for grant of anticipatory bail to the petitioner Anupam who has been booked for having committed the offences punishable under Sections 376-A, 452 and 506, IPC.

(2.) Brief facts of the case are that FIR in the present case was registered on the basis of an application dated 18.05.2012 moved by the prosecutrix (name not disclosed in view of the judgment of Hon'ble Apex Court) on the broad allegations that on the date of alleged occurrence i.e. 01.01.2012 the prosecutrix was all alone at her house when the accused came there and forcibly and without her consent committed rape on her. When her mother who had gone to the market for booking of cooking gas came back, on seeing her the petitioner ran away. After arrival of the father and brother of the prosecutrix, the FIR was lodged.

(3.) Learned counsel contends that there was delay of 5-1/2 months in lodging the FIR. He further submits that the MLR was also conducted after 5-1/2 months of the occurrence. He also contends that prosecutrix was aged about 19 years. No offence under Section 376-A,IPC is made out. It was also contended that since there was no injury on the person of the prosecutrix, therefore, it could at the most be a case of consent.