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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI, J.
In The Matter Of: Sunita – Appellant
Versus
State Of NCT Delhi – Respondent
Bail Appln. 2225 of 2021 & Crl.M.(Bail). 868 of 2021
Decided on : 21-03-2022
Criminal Procedure Code,1973 - Sections 439, 164, 161 and 482 - Indian Penal Code, 1860 - Sections 370A(1)/372/323/366A/370(4)/370A(1)/34 - POCSO Act - Sections 4/6/12/17 - Immoral Traffic Prevention Act, 1956 - Section 4 and 5 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 23 - FIR - Complainant/child victim - Established physical relations with the child victim forcibly - Allegation levelled against applicant in the FIR was that she used to give beatings to the child victim on her refusal to do household chores, and further deprive her of food during trial, it was alleged for first time that applicant also used to visit on some occasions when co-accused took child victim to different persons for work of prostitution - Duly assisted by learned counsel for complainant/child victim, vehemently opposed the bail application - Present case relates to a minor girl who, as per her school records, was aged about 13 years at the relevant time, and brought applicant on the pretext of some work.
Finding of the Court :
Child victim in a room, undress her and take her nude photographs, which were sent to other persons - He also used to take the child victim in the night to different places on a motor cycle, where he would leave her with different persons in exchange for money - Persons used to commit sexual assault/rape on child victim and give beatings if she opposed child victim back to house - Prosecution case used to molest child victim himself as well and gave beatings to her when she did not concede to his demands - Child victim recorded under Section 164 Cr.P.C. would show that allegations, insofar as present applicant is concerned, relate only to giving of beatings to child victim and her being deprived of food exercise of force by the applicant in bringing child victim from Bihar to Delhi is discernible - Allegation does not find support either in FIR or in the statement of child victim recorded under Section 164 Cr.P.C - role assigned to the applicant and period of incarceration undergone by her, it is directed that applicant be released on regular bail subject to her furnishing a personal bond –
Result: Application is disposed of
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present bail application has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No.368/2016 registered under Sections 370A(1)/372/323 IPC, Sections 4/6 of the POCSO Act and Section 5 of the Immoral Traffic Prevention Act, 1956 (hereinafter, referred to as the ‘ITPA’) at P.S. Bindapur, Delhi. Alongwith the application for regular bail, the applicant has also preferred an application seeking interim bail, being CRL.M.(BAIL). 868/2021.
2. After completion of investigation, the charge sheet in the instant case was filed under Sections 323/366A/370(4)/370A(1)/34 IPC, Sections 4/12/17 of the POCSO Act, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 4/5 of the ITPA.
3. Mr. Mohit Mathur, learned Senior Counsel appearing for the applicant, submitted that the applicant is in custody since 28.05.2016, and the charge sheet having already been filed, she is no longer required for any investigation. It was further submitted that 8 witnesses have already been examined and there are multiple contradictions qua the role of the applicant in the statements of said witnesses, including that of the child victim herself.
It was averred that the child victim has materially improved upon her earlier statements during trial, inasmuch as the only allegation levelled against the applicant in the FIR was that she used to give beatings to the child victim on her refusal to do household chores, and further deprive her of food. However, during trial, it was alleged for the first time that the applicant also used to visit on some occasions when co-accused/Hari Shankar took the child victim to different persons for the work of prostitution. Lastly, it was submitted that the applicant is not involved in any other case.
4. Learned APP for the State, on the other hand, duly assisted by learned counsel for the complainant/child victim, vehemently opposed the bail application. It was submitted that the present case relates to a minor girl who, as per her school records, was aged about 13 years at the relevant time, and brought to Delhi by the applicant on the pretext of some work. It was further submitted that the allegations against the applicant are serious, as she is not only accused of physically abusing the child victim, but also of abetting prostitution.
5. Learned APP urged that the statement of the child victim has been recorded under Section 164 Cr.P.C. and she has been examined during trial, in course of which proceedings, she has supported the initial allegations on all material aspects. It was further urged that the statement of the mother of the child victim has been recorded under Section 161 Cr.P.C., wherein she has stated that the applicant took the child victim by lying that she had some personal work. It was informed that accused/Vinod Sharma, one of the persons who established physical relations with the child victim forcibly, has also been arrested.
In addition, learned counsel for the complainant informed that the child victim suffers from substantial hearing disability. It was averred that she was brought to Delhi on the pretext of work, whereafter the applicant abetted co-accused/Hari Shankar in forcing her into the work of prostitution.
6. I have heard learned counsels for the parties and perused the material placed on record.
7. In the present case, a PCR call dated 04.05.2016 was received at P.S. Bindapur, Delhi regarding sexual assault of one 13-year-old girl. The said information was recorded vide DD No.52-B. When the concerned Investigating Officer approached the child victim, she was found to be speaking Maithili language. Accordingly, the authorities arranged for a translator and the child victim’s statement was recorded on 16.05.2016, pursuant to which the present FIR came to be registered on the same day.
8. The applicant came to be arrested on 28.05.2016. An application seeking regular bai
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