Roshan Singh vs State Govt. of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1200

AMIT MAHAJAN
Roshan Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent

Advocates appeared:
Mr. D.K. Pandey, Mr. R.K. Mishra and Mr. K.B. Patnayak, Advocates, for the Applicant.
Ms. Richa Dhawan, APP for State with SI Aarti, PS Bh. Dairy.
Mr. Saurabh Kansal, Mr.Divyam Aggarwal, Mr.Shaurya Sharma, Ms.Pallavi Kansal and Mr.Arjun Giri, Advocates for R-2.

JUDGMENT

Amit Mahajan, J.

1. The present application has been filed under Section 439 of Code of Criminal Procedure, 1973 ("Cr.P.C.") on behalf of the applicant seeking regular bail in FIR No. 501/2020 dated 26.08.2020, registered under Section 376 Indian Penal Code,1860 ("IPC") r/w Section 4 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO") at PS Bhalswara Dairy.

2. The FIR was registered on the complaint made by the prosecutrix/complainant, who alleged that she, herself, and the applicant are neighbours, living in the same locality and were friends with each other for around 3-4 months before the date of the incident. One night at around 1:00 a.m., the applicant had called the prosecutrix to his house, where he forcefully made physical relations with her. It is stated that both families had a compromise with regard to the said incident, and consequently, the applicant and the prosecutrix stopped talking to each other.

3. After the said incident, one fine day, the prosecutrix contacted the applicant, and they again started talking to each other for around a month. After that, the applicant allegedly called her to his house around 1:00 a.m. and forcefully tri