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354C/354D/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") at P.S. Punjabi Bagh.

2. The present FIR was got registered under sections 354C/354D/506/34 IPC at P.S. Punjabi Bagh on the basis of complaint made by the complainant/prosecutrix/respondent no. 2 (hereinafter referred to as "the complainant/prosecutrix") wherein it was alleged that the complainant/prosecutrix in 2016 was studying in Ganga International School, Hirakundna and met the petitioner being her senior. The petitioner and the complainant/prosecutrix became friends. The complainant/prosecutrix in 2017 took admission in Amity International School, Saket, Delhi for pursuing higher studies and was staying in the school campus hostel. The petitioner in 2016 proposed the complainant/prosecutrix for a relationship with her. The complainant/prosecutrix initially refused for relationship with the petitioner as she wanted to focus on her studies. The petitioner continued to follow the complainant/prosecutrix and the complainant/prosecutrix subsequently accepted the proposal of the petitioner. The petitioner and the complainant/prosecutrix used to talk with each other on social media. The petitioner became over possessive and insecure towards the By:JITENDRA BAIL APPLN. 958/2023 Page 2 complainant/prosecutrix which was affecting studies of the complainant/prosecutrix and due to this reason, the complainant/prosecutrix did not want to continue with her relationship with the petitioner. The petitioner also once threatened the complainant/prosecutrix outside the library in her college. The petitioner also started to call and message classmates of the complainant/prosecutrix and other people in her college. The petitioner sent a suicide note addressed to the parents of the complainant/prosecutrix on 23.06.2022. The petitioner also sent a video on 06.07.2022 depicting attempt to suicide by him. Pushpanjali, sister of the petitioner also used to call the complainant/prosecutrix and threatened the complainant/prosecutrix to come back in a relationship with the petitioner. The petitioner on 07.08.2022 called the father of the complainant/prosecutrix and threatened him and also abused the complainant/prosecutrix. The petitioner also hacked social media account of the complainant/prosecutrix. The petitioner also retrieved contacts of the complainant/prosecutrix and texted them various troublesome and obscene messages and pictures of the complainant/prosecutrix. The petitioner also asked the complainant/prosecutrix for sexual favour for By:JITENDRA BAIL APPLN. 958/2023 Page 3 him. The petitioner also uploaded indecent pictures of the complainant/prosecutrix on social media. The complainant/prosecutrix also made other allegations in her complaint which resulted into registration of FIR.

2.1 The statement of the complainant/prosecutrix was also recorded under section 164 of the Code on 19.10.2022 by the court of Ms. Akansha Gautam, Metropolitan Magistrate, West, Tis Hazari Courts, Delhi. The complainant/prosecutrix in her statement under section 164 of the Code alleged that the petitioner established and did sexual intercourse with her after he made to her to drink an intoxicating drink despite her refusal and without her consent. The petitioner did sexual intercourse with the complainant/prosecutrix many times at various places and also made her videos and clicked her obscene pictures. The charge sheet was filed after conclusion of investigation for offences punishable under sections 354C/354D/506/34 IPC, section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") and section 67/67(A)/66E of the Information Technology Act, 2000 (hereinafter referred to as "IT Act").

4. The respondentno.1/State filed Status Report wherein it was mentioned that present FIR was got registered initially under sections 354C/354D/506/34 IPC on complaint made by the complainant/prosecutrix on allegations as stated hereinabove. The statement of the complainant/prosecutrix was also recorded under section 164 of the Code wherein the complainant/prosecutrix made allegations of sexual intercourse by the petitioner against her will and thereafter, offences under section 376 IPC and under section 6 of the POCSO Act were also added.

5. The counsel for the petitioner argued that the petitioner has been falsely implicated in the present FIR on the basis of false, frivolous andbaseless allegations. The complainant/prosecutrix gave a detailed written complaint dated 18.10.2022 against the petitioner which is the basis of registration of present FIR under sections 354C/354D/506/34 IPC and thereafter in her statement under section 164 of the Code, the complainant/prosecutrix added allegations of rape committed by the petitioner on her 16th birthday i.e.on 30.06.2017 to add the provisions of POCSO Act.The complainant/prosecutrix in MLC mentioned the date of incident as February 2018 and with alleged history of „Patient got raped multiple times on context of getting married‟. The complainant/prosecutrix as such gave three different dates and versions of incident within a period of 24 hours which is highly improbable. The complainant/prosecutrix also refused for internal examination.