Delhi High Court - Orders
Hari Shankar vs State Of Nct Of Delhi Through The ... on 14 March, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2772/2021 & CRL.M.(BAIL). 1008/2021
HARI SHANKAR ..... Petitioner
Through: Mr. Mohit Mathur, Senior Advocate
alongwith Ms. Suchita Dixit & Ms. Madhusuda
Agnihotri, Advocates
Versus
STATE OF NCT OF DELHI THROUGH THE SECRETARY
HOME ..... Respondent
Through: Mr. Hirein Sharma, APP for State with
Inspector Sanjay Kumar
Ms. Liyi Marli Noshi, Mr. C.P. Nautiyal & Mr.
Akshay Kumar, Advocates for Complainant
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 14.03.2022
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No.368/2016 registered under Sections 370A(1)/372/323 IPC, Sections 4/6 of the POCSO Act and Section 5 of the Immoral Traffic Prevention Act, 1956 (hereinafter, referred to as the 'ITPA') at P.S. Bindapur, Delhi. Alongwith the application for regular bail, the applicant has also preferred an application seeking interim bail, being CRL.M.(BAIL). 1008/2021.
2. After completion of investigation, the charge sheet in the instant case was filed under Sections 323/366A/370(4)/370A(1)/34 IPC, Sections 4/12/17 of the POCSO Act, Section 23 of the Juvenile Justice (Care and Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 18:13:17 Protection of Children) Act, 2015 and Sections 4/5 of the ITPA.
3. Mr. Mohit Mathur, learned Senior Counsel appearing for the applicant, submits that the applicant is in custody since 28.05.2016, and the charge sheet having been filed, he is no longer required for any investigation. It is further submitted that 8 witnesses have already been examined and there are multiple contradictions in the statements of said witnesses, including that of the child victim herself. It is averred that the child victim has improved upon her earlier statements during trial. Lastly, it is submitted that the applicant is not involved in any other case.
4. Learned APP for the State, on the other hand, duly assisted by learned counsel for the complainant/child victim, has vehemently opposed the bail application. It is submitted that the present case relates to a minor girl who, as per her school records, was aged about 13 years at the relevant time, and brought to Delhi by the wife of the applicant, i.e. Sunita, on the pretext of some work. It is further submitted that the allegations against the applicant are serious, as he is not only accused of physically and sexually abusing the child victim himself, but also of forcing her into the work of prostitution and earning off the same.
5. Learned APP has urged that as per the allegations, the applicant also used to take nude photographs of the child victim and send the same to others. It is submitted that the statement of the child victim has been recorded under Section 164 Cr.P.C. and she has also been examined in trial, in course of which proceedings, she has supported the initial allegations on all material aspects. It is further submitted that the statement of the mother of the child victim has been recorded under Section 161 Cr.P.C., wherein she has stated that co-accused/Sunita took the child victim by lying that she Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 18:13:17 had some personal work. It has been informed that accused/Vinod Sharma, one of the persons who established physical relations with the child victim forcibly, was also arrested. Lastly, it has been submitted that the motor cycle and the mobile phone used by the applicant during the commission of the offence have been recovered and the results of the forensic examination have been filed through supplementary charge sheets.
In addition, learned counsel for the complainant has informed that the child victim suffers from substantial hearing disability. It is averred that she was brought to Delhi on the pretext of work, whereafter the applicant forced her into the work of prostitution.
6. I have heard learned counsels for the parties and perused the material placed on record.
7. In the present case, a PCR call dated 04.05.2016 was received at P.S. Bindapur, Delhi regarding sexual assault of one 13-year-old girl. The said information was recorded vide DD No.52-B. When the concerned Investigating Officer approached the child victim, she was found to be speaking Maithili language. Accordingly, the authorities arranged for a translator and the child victim's statement was recorded on 16.05.2016, pursuant to which the present FIR came to be registered on the same day.
8. As per the allegations levelled, the child victim had come from Bihar with the applicant and his wife/Sunita. Upon reaching Delhi, she started living with them and was forced to do household chores. Failing the tasks, she was given beatings by the applicant and his wife/Sunita as well as deprived of food. The applicant used to lock the child victim in a room, undress her and take her nude photographs, which were sent to other persons. He also used to take the child victim in the night to different places Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 18:13:17 on a motor cycle, where he would leave her with different persons in exchange for money. The said persons used to commit sexual assault/rape on the child victim and give beatings if she opposed. Later, the applicant used to take the child victim back to the house. The prosecution case is that the applicant used to molest the child victim himself as well and gave beatings to the child victim when she did not concede to his demands.
9. From a perusal of the statement of the child victim recorded under Section 164 Cr.P.C. and her testimony during trial, it is apparent that she has supported the initial allegations against the applicant on all material aspects. It has been consistently stated by the child victim that the applicant used to click nude photographs of her; that he used to take her to some person(s) and leave her there in exchange for money, whereafter those persons committed sexual assault/rape on her; and that the applicant used to give her beatings whenever she raised objection. During investigation, the school records of the child victim have been obtained and she is found to have been about 13 years of age at the relevant time.
10. In view of the foregoing and considering the seriousness of the allegations against the applicant, I find no ground to admit the applicant on interim/regular bail. Accordingly, the bail application is dismissed, alongwith the pending application.
11. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case.
MANOJ KUMAR OHRI, J MARCH 14, 2022 Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 18:13:17