In a significant legal development, the Delhi High Court has dismissed the bail application in the case filed by an NGO. The case, involving charges under IPC and POCSO Act, pertains to offenses including sexual assault. The court’s decision comes after the victim, addressed as ‘X’, gave a statement alleging sexual assaults. Follow the latest updates on this case.
Facts
- The applicant/accused allegedly threatened victim ‘X’ to kill her and her mother if she disclosed the incident.
- The victim ‘X’ experienced chest pain, and the applicant/accused allegedly rubbed her chest, undressed her, and engaged in forceful physical relations.
- Victim ‘X’ did not disclose the incident out of fear after being threatened by the present applicant/accused.
- In December 2012, victim ‘X’ was caught being sexually assaulted by the present applicant/accused, leading to altercations with victim ‘X”s mother, Ms. ‘Y’.
- The prosecution’s case is based on victim ‘X’ giving a statement at Police Station Govindpuri, New Delhi in 2014, alleging sexual assaults by the applicant/accused since 2011.
- The present applicant/accused is seeking bail in a case involving charges under IPC and POCSO Act for offenses including sexual assault on a minor victim ‘X’.
- The victim ‘X’ was fearful and unable to sleep, prompting the present applicant/accused to invite her to sleep in another room with him.
Arguments
- Case lodged by an NGO, not the petitioner
- Petitioner left his house in December 2013 due to compelling circumstances and financial constraints
- Petitioner requesting regular bail in present case
- Cross examination of victim ‘X’ conducted after a long gap as accused was declared Proclaimed Offender
- Prosecutrix supported prosecution’s case in examination in chief
- Prosecutrix supported the case of prosecution according to learned APP for the State
Analysis
- Allegation of discrepancies in the statement of the prosecutrix under Section 164 Cr.P.C.
- Prosecutrix turned hostile in cross-examination and did not support the prosecution’s case.
- The prosecutrix lodged the complaint against her father at the instance of an NGO.
- The applicant was found residing with his wife and the victim, who is his daughter.
- The prosecutrix did not support the prosecution case in her cross-examination.
- Bail granted to the applicant on furnishing a personal bond of Rs. 20,000/- with one surety of the same amount.
- Terms and conditions include remaining available on specified mobile numbers and not leaving the country without court permission.
Decision
- The present bail application has been dismissed.
- The application has been disposed of.
- The petitioner must inform concerned I.O/SHO and Trial Court in case of change of residential address/contact details.
- The applicant is prohibited from engaging in similar acts.
Case Title: BHEEMSEN Vs. STATE (GOVT. NCT OF DELHI) & ANR. (2024:DHC:4480)
Case Number: BAIL APPLN.-727/2024
