In a recent ruling by the Delhi High Court, the importance of fair investigation in the case of prosecutrix allegation was underscored. The judgement aims to uphold justice and truth in legal proceedings, setting a valuable precedent for future cases.
Facts
- The FIR in this case was registered on the complaint of a 15-year-old prosecutrix.
- The prosecutrix alleged that she was abducted and raped by multiple persons known to her.
- She mentioned being forced to drink alcohol and losing consciousness during the incident.
- The prosecutrix stated that she was touched inappropriately by some of the accused prior to the incident.
- Despite initial reluctance by her mother to report the incident to the police, the prosecutrix eventually disclosed the events to her family members.
- The accused persons were arrested, and their blood and semen samples were collected for examination.
- Supplementary chargesheets were filed based on FSL examination reports.
- The prosecutrix provided different versions of the incident, raising questions about the reliability of her allegations.
- Some of the co-accused persons had already been granted bail by the Trial Court.
Arguments
- Learned counsel for the present accused/applicant argues that the applicant has been falsely implicated in the present case.
- The counsel highlights inconsistencies in the evidence presented against the applicant.
- It is contended that there is a lack of credible witnesses linking the applicant to the alleged crime.
- The argument emphasizes the need for a fair and impartial investigation to uncover the truth.
- The allegations against the applicant are serious in nature.
- The FSL report supports the prosecution case that the DNA extracted from Love Bhardwaj and Yogesh@Babu matches with the exhibits collected from the body of the child victim/prosecutrix.
Analysis
- No phone calls exchanged between the prosecutrix and the present accused.
- Call exchanges between co-accused Love Bhardwaj and Yogesh reported.
- Applicant not named in initial FIR based on prosecutrix’s complaint.
- Applicant named for the first time in statement under Section 164 of Cr.P.C.
- Material witnesses, including prosecutrix, already examined before Trial Court.
- The FSL report supported the case of co-accused Love Bhardwaj and Yogesh, who were granted regular bail.
- The applicant has been in judicial custody since 08.06.2023 despite the support from the FSL report for the co-accused.
- The disparity in treatment of the co-accused and the applicant in terms of bail was noted by the Court.
Decision
- Applicant must inform concerned Court and Investigating Officer of any change in residential address/contact details.
- Applicant has been in judicial custody since 08.06.2023.
- Court inclined to grant regular bail with conditions.
- Applicant to furnish personal bond of Rs.10,000/- with surety of the same amount.
- Terms and conditions include not leaving the country without court permission and not influencing witnesses or tampering with evidence.
Case Title: DHARMENDER @ MOTA Vs. STATE GOVT. OF NOT OF DELHI (2024:DHC:4736)
Case Number: BAIL APPLN.-995/2024
