Delhi HC Grants Interim Relief to Accused 376/506 IPC

Yesterday, the Delhi High Court granted relief to an accused, charged for the offence punishable under Section 376/506 IPC.

The Court directed that no coercive steps shall be taken against the accused till the next hearing of the case.

BACKGROUND (As per Order)

The Prosecutrix and the Petitioner were neighbours as well as friends. In 2017, the Petitioner proposed the Prosecutrix to which she denied, but they remained friends after that.

They also continued to meet as friends. On 19.02.2020 while returning home at about 2’oclock, the Petitioner met her and offered to leave her home on his motorcycle.

On their way, the Petitioner bought a cold drink and offered it to her.

The Prosecutrix consumed the drink.

After the consumption of the said drink, she felt unwell, and the Petitioner took her to his friend’s house, where she lost her consciousness.

When she came to the senses, she found out that she was naked and all her clothes were lying beside her.

She also found the Petitioner naked lying next to her.

On asking what the Petitioner had done, she came to know that the Petitioner had clicked her obscene photographs
which he would put on social media if she made any complaints against him.

After that, they both agreed to forget this and continued to meet. On 04.03.2020, she was invited to his friend’s house for a conversation by the Petitioner.

She trusted the Petitioner and agreed to meet. The Petitioner forcibly raped her there.

After that, she broke the friendship with him, but the Petitioner kept on making advances which she repelled.

After that, she was subjected to the use of abusive language by the Petitioner.

She filed a complaint to the police against the Petitioner.

The Petitioner apologized, and the matter was settled.

However, the behaviour of the Petitioner did not change towards the Prosecutrix.

On 12.07.2020 the Petitioner, along with his family members, entered the house of the Prosecutrix and beat all the family members of the Prosecutrix.

The Prosecutrix again filed a complaint to the police, which was also compromised, and the Petitioner paid a sum of Rs. 60,000/- to the complainant as per the terms of the settlement.

Even after that, she received threats from the Petitioner. Therefore, she filed the FIR no. 0787/2020 under sections 376/506 IPC registered with PS Nihal Vihar.

SUBMISSION OF THE PROSECUTRIX (As per Order)

It was submitted by the Counsel for the Prosecutrix that her statement based on which the FIR was registered, was not recorded correctly as she neither agreed to forget what the Petitioner had done on 19.05.2020 nor to continue the friendship with the Petitioner. 

Further, she never acknowledged that she was paid Rs. 60,000/- by the Petitioner. Her statement that she trusted the Petitioner and went with him to his friend’s house on 04.03.2020 was also incorrect.

Counsel also alleged that the police officials who recorded her statement intentionally made false assertions to help the Petitioner in the case.

She was not a friend of the Petitioner. The averments made in the FIR were incorrect.

SUBMISSION OF THE ACCUSED (As per Order)

The Accused/Petitioner stated that the Prosecutrix and her family were his neighbours, and they had been living there for more than three years.

They never had any dispute in the beginning. But, on 30.05.2020, a quarrel took place on a petty issue between his family and that of the Prosecutrix which was compromised by the intervention of the police at PS Nihal Vihar.

It was further added that likewise, an incident also took place on 12.06.2020. The dispute got settled with the intervention of the police.

However, on 12.07.2020, another incident happened, and a call was made to the PCR by the younger sister of the Petitioner.

The Prosecutrix and younger sister of the Petitioner were taken to the hospital.

The said incident was compromised on 14.07.2020, and the Petitioner paid a sum of Rs.60,000/- to the Prosecutrix and also agreed to bear her medical expenses.

After some days, the Petitioner came to know about the said FIR registered at PS Nihal Vihar.

OBSERVATION OF THE COURT

The Court observed that since the counsel appearing for the Prosecutrix has doubted the contents of the FIR and the Counsel for State has also stated that the statement of the Prosecutirx to the effect that compromises were effected with the intervention of the police is not correct, therefore the Court granted two weeks to the State for filing the status report regarding the statements made by the Petitioner in respect of different quarrels and their settlement with the intervention of the police. 

However, in the meanwhile the Court granted Interim Relief to the Petitioner, by providing that subject to the Petitioner joining the Investigation, no coercive steps shall be taken against him till the next date of hearing.

(Story by Rohit Mathur-Intern)

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