KANWAR PAL SINGH @ PUMPI v. STATE (GOVT. OF NCT) DELHI
2007-09-21
Shiv Narayan Dhingra
body2007
DailyLaw.ai
( 1 ) THIS application has been made for bail by the accused, who is involved in offence under Section 376/120-B IPC. In the bail application, the applicant submitted that he was in judicial custody since 23rd January, 2007. He belonged to a highly reputed family. He was arrested on the basis of a false and perverse complaint of the prosecutrix, who in her complaint stated that she established physical relationship with the accused on his promise of marrying her and then she was subsequently sent with co-accused Vishal and she was taken to third person, who also established sexual relation with her. ( 2 ) IT is submitted that statement of prosecutrix under Section 164 cr. P. C was also recorded and perusal of the statement clearly establishes that there were material inconsistencies in two statements and she falsely implicated the accused. Final report in the case has been filed and challan was pending trial before the Additional Sessions Judge. It is stated that prosecutrix has realised her mistake and she does not want to prosecute her case further. She was willing to appear before this court and make a statement to that effect. She had executed an affidavit to this effect. ( 3 ) A perusal of the FIR would show that prosecutrix aged 21 years, was a poor girl of Uttranchal, who had lost her parents at the age of seven years and was brought up by village people. She had come to Delhi about one and half year prior to the incident and started working as a domestic help with a family in Lajpat Nagar. However, she was turned out of the employment by that family and on being turned out she was sitting at ISBT, Sarai Kale Khan waiting for a bus, when she was noticed by the accused and co-accused Vishal. Accused brought her to his house at Pushp Vihar, where he used to live with his mother. After keeping her at his house for few days, he took a separate house on rent and made prosecutrix to live in that house and told her that he would marry her. In this rented house, he started having repeated intercourse with her on the promise of marrying. After about a year of keeping her in the rented room, he forced this girl to accompany Vishal to a financier.
In this rented house, he started having repeated intercourse with her on the promise of marrying. After about a year of keeping her in the rented room, he forced this girl to accompany Vishal to a financier. Vishal took her to a financier, where she was raped by that man. In the meantime, Rohit another friend of accused also raped her. Thereafter accused Rohit and Vishal started using her as a call girl and started sending her to different persons. One jubeda of Kalkaji helped them in this. ( 4 ) THE entire version of the prosecutrix shows how accused first assured the prosecutrix of marrying her. The prosecutrix being a poor girl, having no one to help her in Delhi believed him and thereafter, she was enticed to have sexual relationship with accused without marriage then she was forced to have sex with others and was converted into a call girl. ( 5 ) IT is apparent from the sequence of events that prosecutrix was subjected to pressure and threats and was forced to change her statement and to file an affidavit in this court. Prosecutrix was called by this court for verification, if she had executed the affidavit. Prosecutrix did not know the language of the affidavit, since the affidavit is in English and she did not understand English, being uneducated. After the contents of the affidavit were told to her in vernacular, she denied that she had stated paragraph three and four of the affidavit, wherein it was stated that she was compelled to lodge a complaint against the accused by police and police got certain blank papers signed from her and threatened her to falsely implicate the accused in case or she made false statement before the police under the threat of life to her at the hands of the police. She subscribed only first paragraph of the affidavit, wherein it was recorded that she lived with the accused as husband and wife at b-70, Panchsheel vihar, Malviya Nagar, New Delhi. ( 6 ) THIS bail application shows an effort on the part of the accused/his relative to terrorise and pressurise the witness and obtain an affidavit in his own support so as to obtain bail.
( 6 ) THIS bail application shows an effort on the part of the accused/his relative to terrorise and pressurise the witness and obtain an affidavit in his own support so as to obtain bail. A person, who can put pressure on the witnesses, even while being in the jail to such an extent that he can force her to execute an affidavit against her wishes and an affidavit which is not even understood by her. If, he is released from jail, what kind of manipulation and manoeuvring and pressure he would bring on witnesses can be understood. I consider that the court should discourage such tendency on the part of accused persons to obtain affidavits of the victims in their favour. If, such affidavits are entertained by the court for grant of bail, the practice is fraught with danger that the witnesses would be subjected to pressure and terror by the relatives of the accused persons and they would be forced to execute such affidavits under the threat of the life. ( 7 ) IO and SHO of the area are directed to give adequate protection to the prosecutrix so that she is not terrorised or pressurised and is able to depose in the court freely. SHO shall seek help of some NGO where prosecutrix can live/put up during the trial so that she is not subjected to threats. SHO may, if required, seek permission of MM concerned for keeping her in Nari niketan. The bail application is dismissed.