DELHI HIGH COURT
ANU MALHOTRA
Yashpal Singh – Appellant
Versus
State – Respondent
JUDGMENT
Anu Malhotra, J. The applicant, vide the present application seeks the grant of anticipatory bail in relation to FIR No.413/2021, PS Tigri under Sections 376 /328/506 of the INDIAN PENAL CODE , 1860 submitting to the effect that the allegations levelled against the applicant are wholly false and that the relations between the applicant and the prosecutrix, if any, were wholly consensual, that the prosecutrix indulged in sexual relations with the applicant despite being a married woman and that it was on the insistence of the prosecutrix that she became pregnant with the applicant.
2. The applicant has further submitted that after the pregnancy, the prosecutrix started making demands of money from the applicant to the tune of Rs.15 lakhs and also stated that if the applicant did not pay the amount to her, she would implicate him in a false case and get him removed from his Government job.
3. Notice of the application was issued to the State with directions to the State to submit the copy of the statement under Section 164 of the Cr.P.C., 1973 of the prosecutrix.
4. The prosecutrix too joined the proceedings through Video Conferencing on 02.12.2021 and made her submis
The court determined that continued consensual relations between parties undermined allegations of coercion, allowing bail based on absence of credible evidence of force.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The court emphasized that voluntary relationships and proximity to adulthood can influence bail decisions, reaffirming the necessity of evaluating the risk of evidence tampering and witness intimidat....
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
Corroboration in the prosecutrix's statements and medical evidence is crucial in determining the credibility of the prosecution's version.
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
Anticipatory bail can be granted keeping in view old age and medical condition of accused.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
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