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High Court of DelhiBAIL APPLN./2254/2016

Rahul @ Gagandeep Singh v. State (Govt Of NCT Of Delhi)

2017-02-03Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2254/2016 RAHUL @ GAGANDEEP SINGH ..... Petitioner Through :

Mr. M. P. Sinha, Adv.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through :

Mr. Amit Chadha, APP with WSI Sushma PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.02.2017 Learned counsel for petitioner submits that petitioner has been falsely implicated. Petitioner has not raped the prosecutrix. Prosecutrix remained mum for about eight months. Learned Additional Public Prosecutor submits that it is a case of gang rape.

Prosecutrix was only 14 years of age. In her statement in FIR as well as under Section 164 Cr.P.C., she has categorically stated that she was raped by petitioner and his friend (co-accused). Prosecutrix was minor at the time when she was raped. She was taken by the petitioner to an isolated building in Paalam and was raped. Prosecutrix has also alleged that her photographs were taken. Prosecutrix has also stated that petitioner threatened her that in case, she told about the incident to

anyone, her brother would be killed. For this reason, prosecutrix did not disclose about the rape to her mother and told her only after she came to know that she was pregnant.

Keeping in mind the serious allegations, I am not inclined to admit the petitioner to bail.

Dismissed.

A.K. PATHAK, J.

FEBRUARY 03, 2017/dk