Point of Law: Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same. If the delay is explained to the satisfaction of the Court, the prosecution case cannot be disbelieved.

JUDGMENT :

Yogesh Khanna, J.

(Though Video Conferencing)

1. This petition is filed under Section 438 Criminal Procedure Code (hereinafter referred as Cr P C) for anticipatory bail to petitioner in case FIR No.100/2021 registered under Section 376/328/506 IPC at police station Tilak Marg against him on the complaint of the prosecutrix.

2. The allegations are the petitioner – an officer in Indian Navy - on the pretext of marriage had committed sexual intercourse with the prosecutrix in the second week of December 2019 at Kota House, New Delhi. In December 2019, the petitioner took the prosecutrix to Varuna Mess where they had dinner. The petitioner gave cold drink mixed with sedatives to prosecutrix which she consumed and felt dizzy. She wanted to go to her home, but he took her to his Room No.55 at Kota House and gave her a tablet/medicine. After 10-15 minutes, she became unconscious and when she woke up next morning she realised she was raped. Being confronted, he told her he is in love with her. She left the room weeping. Next day he again called and tried to repeat the act, but she refused. Thereafter, they went for shopping for his mother etc.

3. It is alleged from December 2019 to January 2020 he has been calling the prosecutrix at Kota House, having physical relations on promise of marriage. After January 2020, he went to Kolkata for training with a promise to return after 2-3 months, but did not return, nor had any talks. She smelt of his bad intentions and hence on 27.03.2021 she reached Kannur, Kerala to meet him. She was adjusted by him in Guest House of Indian Naval Academy, Kerala. On 28.03.2021 she asked the petitioner to marry but he started shouting on her and said he did it only for fun. When the prosecutrix threatened to lodge a complaint, he told her he had her nude photographs and video recordings at Kota House and he shall upload the same on internet and shall ruin her career. Nevertheless, the prosecutrix met his mother on 29.03.2021 and requested her to intervene. The mother of the petitioner assured her to reason with her son. The prosecutrix returned to Delhi on 30.03.2021 but was under immense depression, trauma because of the misdeeds of the petitioner and allegedly his mother. On 15.06.2021, she came to know of his marrying with another girl at Kerala with whom he had a love affair since long and even was engaged with her prior to March 2021. Later she saw his marriage photograph on his mobile display picture and immediately lodged the present complaint on 19.06.2021, which culminated into this FIR.

4. A bare perusal of the petition, however, reveal both were only friends and she was obsessed with the petitioner and wish to extract money from him as has always been saying she and her family are in financial hardship. The petitioner denied any physical relations with her. He alleged the prosecutrix could not have entered Varuna Mess, as is solely for Indian Navy officers. However, the petitioner admitted in January 2020 he travelled to Kolkata with a lay-over at Delhi on both ways as there was no direct flight from Kannur to Kolkata. He alleged around March – April 2020, the prosecutrix started calling and insisting him to marry her, but the petitioner did not echo her sentiment. Further, in September 2020 prosecutrix started communicating with him on the pretext of mutual interest in history but the petitioner’s stand was he would not indulge in any relationship with her and was only interested in marrying a suitable girl from Kerala. He has also alleged she has been making repeated demands to transfer money to her bank account, but he showed his inability and then she came to Kerala in March 2021 unannounced on the pretext of an official work and intimated him upon her arrival at Kannur Airport. He got her adjusted in the Guest House of Indian Naval Academy, but did not engage in physical relations. She left Kannur, Kerala on 30.03.2021 and thereafter the petitioner did not speak to her on phone till from