Back
AMIT MAHAJAN
Jagbir @ Dada – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT :
1. The present application for grant of regular bail is filed in FIR No. 0585/2020, registered at police station Naraina, under Sections 376D/406/120B/34 of the Indian Penal Code, 1860 (IPC).
2. It is alleged that the prosecutrix had known the co-accused namely Ajay Yadav @ Mangu for about 5-6 years. Ajay who called her to Delhi on the pretext of marrying her and under the influence of getting married the Prosecutrix came to Delhi with Cash amounting to Rs.1 Lakh Rupees and jewellery weighing about 20 tolas.
3. It is further alleged that on 27.08.2020 the brother of the co- accused, Ajay, namely, Shivratan @ Pintu also an accused in the present FIR helped the prosecutrix from running from her nani’s house and left her on a bus for Delhi from her village and upon reaching Delhi, prosecutrix met Co-accused Ajay and the present applicant who took her to their room (place of incident) in WZ-308, Naraina village and made forceful sexual relations with her. After the said incident both the accused persons took the bag containing jewellery and cash from prosecutrix and left her at the room stating that they will be need a bigger room to stay together after marriage but never retur
The presumption of innocence, the sufficiency of evidence, and the purpose of pre-trial incarceration were central to the court's decision in granting bail.
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
The court held that a conviction for rape is unsafe solely on the testimony of the prosecutrix when there is significant delay in reporting and lack of corroborative evidence.
The judgment emphasizes the nuanced consideration of consent, the impact of emotional exploitation on consent, and the distinction between consenting to a situation and consenting to sexual liaison.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The court granted bail to the accused/applicant considering the prosecutrix's inconsistent testimony and the circumstances surrounding their marriage, highlighting that allegations should not solely ....
When the conviction is based on the sole testimony of the prosecutrix and the medical evidence does not support the case of the prosecution/prosecutrix and the deposition of the prosecutrix is full o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
