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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Inderjeet – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. background of the case involves allegations of rape. (Para 1 , 3) |
| 2. defense argues false implications and inconsistencies in prosecution. (Para 4 , 5) |
| 3. court analysis supports granting bail based on circumstances. (Para 6) |
| 4. bail application approved, emphasizing judicial discretion. (Para 7 , 8 , 9) |
JUDGMENT :
GIRISH KATHPALIA, J.
1. The accused/applicant seeks regular bail in case FIR No. 218/2023 of PS Kanjhawala for offence under Section 363 /366/376 IPC & 6/21 POCSO Act.
2. I have heard learned proxy counsel for accused/applicant and learned APP for State assisted by SI Sonia Rathi.
3. Broadly speaking, the prosecution case, as culled out of FIR is that the prosecutrix was repeatedly raped by her father and thereafter, she developed friendship with her neighbour who is the present accused/applicant. In her FIR itself, the prosecutrix stated that she fell in love with the accused/applicant and got married with him, but even after her marriage, her parents used to call her home and there her father used to forcibly establish sexual relations with her. When the prosecutrix shared all this with the accused/applicant, he called police, after which the matter was als
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 ....
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 court ruled that delays in filing an FIR and lack of medical evidence may undermine the credibility of serious allegations, potentially influencing the decision on bail.
The court considered the settlement between the parties and the prosecutrix's affidavit retracting her complaint to allow the bail application without commenting on the merits of the case.
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
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