Nabal Thakur (In J. C. ) VS State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SWARANA KANTA SHARMA
Nabal Thakur (In J. C. ) – Appellant
Versus
State – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Sunil Kumar and Mr. Giri Raj Singh, Advocates
For the Respondent: Mr. Manoj Pant, APP for State with SI Meenu, PS Kirti Nagar

JUDGMENT

Swarana Kanta Sharma, J.—The instant application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of applicant seeking regular bail in case FIR bearing no. 472/2020, registered at Police Station Kirti Nagar, Delhi for the offence punishable under Section 363 of the Indian Penal Code, 1860 (‘IPC’).

Facts of the Case

2. Briefly stated, the facts of the present case are that the father of prosecutrix had lodged a complaint with the police, whereby he had stated that upon returning home on 24.11.2020 at 1:30 PM, he had found that his daughter had gone missing. Thereafter, about two months later, the father of prosecutrix had produced her daughter i.e. prosecutrix before the investigating officer on 30.01.2021, after which, medical examination of prosecutrix was conducted at DDU Hospital, Hari Nagar. During the medical examination, UPT of prosecutrix was found to be positive and in her MLC, the prosecutrix stated that the present applicant/accused, i.e. Nabal Thakur had established physical relations with her without her consent. The statement of prosecutrix under Section 164 Cr.P.C. was recorded on 03.02.2021 and the present ac