This single-paragraph order deals with a bail application in a rape case. The High Court, despite noting discrepancies in time of incident and lack of medical evidence, grants bail subject to personal bond and surety.
Petitioner admitted to bail subject to furnishing a personal bond of `20,000/-` with one surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~5
THE STAE NCT OF DELHI ..... Respondent Through: Ms. Manjeet Arya, APP for State with SI Arti Singh, P.S. Patel Nagar.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 04.01.2018
Learned counsel for the petitioner submits that prosecutrix is a grown up married woman aged about 30 years having children. Prosecutrix was working in the factory where petitioner was employed as a Manager. She has alleged that petitioner had raped her after calling her in his cabin at the first floor. Other employees were also present in the factory and they would have heard if any alarm would have been raised by the prosecutrix. There is delay of two days in lodging the FIR. Prosecutrix has been examined as PW1. In her cross-examination, she has given the time of incident as 2 pm; whereas in the FIR she stated that incident occurred at 1.30 p.m. She has also stated that her husband visited the factory at 2:30 pm and met her. Surprisingly prosecutrix did not disclose factum of rape to him. There is no
medical evidence to corroborate the statement of the prosecutrix which is discrepant and unreliable, Prosecutrix admitted before the doctor that after the incident she had taken bath, inasmuch as, had contact with her husband.
Keeping in mind totality of the facts and circumstances of this case, petitioner is admitted to bail subject to furnishing a personal bond in the sum of `20,000/- with one surety in the like amount to the satisfaction of the trial court.
Bail application is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
JANUARY 04, 2018 ga
2 issues framed by the court
Whether to grant bail to the accused in a rape case despite discrepancies in prosecution evidence.
Whether the delay in FIR and inconsistencies in prosecutrix statement affect bail grant.
1 provisions across 1 enactments
SANJAY
THE STAE NCT OF DELHI
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
