ANURAG DAS @ PARIMAL VAID v. STATE OF NCT OF DELHI
2006-09-28
BADAR DURREZ AHMED
body2006
DigiLaw.ai
ORDER 1. The learned Counsel for the petitioner submits that this is not a case of rape at all nor is it a case of kidnapping. According to him, the prosecutrix and the petitioner willingly went to Bhopal and got married in a temple there. He submits that there is no question of there being sexual relations against the will of the prosecutrix. He submits that the MLC conducted at the Lal Bahadur Shastri Hospital, Delhi itself would indicate the same. He also submits that the FIR has been registered at the instance of the prosecutrixs father when she had gone missing. Consequent upon that, when the prosecutrix returned to Delhi, she was taken for medical examination and the report is quite revealing. In the marital status, the doctor, who has prepared the report, has very fairly stated "Unmarried as stated by mother" and just beneath it she has stated "Married according to Jyoti". It is apparent that the prosecutrix has claimed to be married even before the doctor. The alleged history given, according to the prosecutrix, as noted in the MLC is as under: "According to Jyoti she went away with boy Anurag on 13.6.2006 morning to Bhopal and married him in Mandir and was staying with him and returned home on 23.6.2006." At the end of the report, the opinion given by the doctor is as under: "It cannot be commented whether sexual contact has been done." 2. In these circumstances, the learned Counsel for the petitioner submitted that this is clearly not a case of rape or kidnapping and whatever has happened is with the free will of the prosecutrix. He submitted that the prosecutrixs age as per the school certificate would be of 16 years on the first date of occurrence, i.e., 13.6.2006 and, therefore, the question of consent would become material. 3. The learned Counsel for the State opposed the grant of bail. He submitted that the prosecutrix is yet to be examined in Court. 4. Considering the facts and circumstances of the case and, in particular, the MLC as recorded by Dr. Rakhi Negi, who is the Senior Resident at the Lal Bahadur Shastri Hospital, Delhi, the petitioner is entitled to bail. Accordingly, he is directed to be released on bail on his furnishing a personal bound in the sum of Rs.
4. Considering the facts and circumstances of the case and, in particular, the MLC as recorded by Dr. Rakhi Negi, who is the Senior Resident at the Lal Bahadur Shastri Hospital, Delhi, the petitioner is entitled to bail. Accordingly, he is directed to be released on bail on his furnishing a personal bound in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the concerned Court. This application stands disposed of. Application disposed of.