On Thursday Hon’ble Justice Vibhu Bakhru of Delhi High Court allowed an anticipatory bail application filed by a person accused of rape because the complainant could not satisfactorily explain the reason for the delay in filing of the FIR.
Brief Facts of the Case – Shree Bhagwan Versus The State filed before the Delhi High Court, are as follows:-
It was alleged by the complainant that she was staying at a rented accommodation that was owned by the petitioner. As per her statement, on 11.12.2019, the petitioner came to her house at 6 AM and enquired about her husband. When the complainant told the petitioner that her husband was not at home, the petitioner fragged her to the bathroom and committed rape on her.
Further she alleged that the petitioner raped her again on 20.12.2019 and 28.12.2019. She also claimed that the petitioner had threatened her children.
Fearing public shame and ridicule, she did not disclose the incidents to anyone.
Later on, the complainant went to her village to attend the funeral of her father in law. It is stated that when she was staying in the village, her husband noticed swelling on her body and enquired. The complainant narrated the incident to her husband.
The complainant and her husband tried to lodge a complaint at the village, but due to lockdown, their complaint could not be registered. Then they came to Delhi and filed the complaint.
The reasoning of the Delhi High Court and its Decision
The Delhi High Court enquired from the investigating officer whether the complainant had undergone an abortion or delivered a child, and the answer was negative. The counsel for the complainant and IO informed the Delhi High Court that the complainant had not conceived as a result of the assault.
Hon’ble Delhi High Court observed that the explanation provided by the complainant for the delay in filing of the FIR did not appear to be correct. The Delhi High Court noted that she went to the village on 08.03.2020 while the lockdown was imposed on 22.03.2020 the delay in filing the FIR cannot be satisfactorily explained based on the gaps in the date.
As the delay was not satisfactorily explained to the Court, the Delhi High Court allowed anticipatory bail application filed by the petitioner.
Title: Shree Bhagwan Versus The State
Case No.: BAIL APPLN. 2831/2020
Date of Order: 08.10.2020
Coram: Hon’ble Justice Vibhu Bakhru of Delhi High Court
Advocates: Mr Yogesh Lohchab for the petitioner; Mr Amit Gupta, APP for State