Gayassudin v. State of NCT of Delhi
Case brief
What is this about?
Regular bail denied; rape of minor prosecutrix; FIR No. 167/2025 PS Jamia Nagar; Sections 69/123/89/79/351/115(2) BNS and Section 6 POCSO Act; prosecutrix (law student) retracted FIR and trial-court testimony claiming ignorance of contents; Section 164 CrPC statement reiterated allegations; post-arrest Nikahnama marriage dated 12.02.2026 held to be a ploy to obtain bail and no absolution; prima facie false testimony, final view left to trial court; interim bail disposed 02.02.2026 with custody-before-Qazi direction; BAIL APPLN. 1087/2026; Justice Girish Kathpalia; Delhi High Court.
What did the court decide?
Prima facie, the prosecutrix's testimony appears to be false: the Court found it difficult to believe that a law student would sign and lodge such a serious complaint (translated from English to Hindi) without reading its contents, and she declined before this Court to divulge the identity of the advocate who allegedly drafted it (whom she had paid fees). The Court found credence in the prosecution's argument on this basis, while expressly leaving the final view on falsity to the trial court's independent assessment; the observation was made only to deal with the arguments of the accused/applicant and the prosecutrix.