New Delhi, May 23 (PTI) The Delhi High Court has granted anticipatory bail to a man accused of raping a girl, saying it was not an “ordinary case” where relief could be denied in view of seriousness of the offence.
The minor girl alleged that her maternal uncle’s friend developed physical relations with her after falsely promising to marry her, resulting in her getting pregnant and giving birth to a child in December 2024.
The FIR against the accused was registered earlier this year under Section 376 (rape) of the Indian Penal Code and relevant provisions of the Protection of Children from Sexual Offences Act.
Denying all allegations, the accused claimed the girl was an illegal immigrant from Bangladesh and both her maternal uncles were involved in multiple cases of forgery of birth certificates and passports.
The accused also said that since he had never had any sexual relations with the girl, he was willing to give his blood sample for DNA analysis.
Justice Girish Kathpalia observed that according to the municipal authorities, they did not issue the minor’s birth certificate and there was no explanation for the delay of about 14 months in lodging the complaint.
The record with respect to another copy of the same birth certificate, which showed that the girl was born on February 19, 2010, was said to be “not traceable” by the sub-registrar of birth and death, the judge further noted.
“I find substance in the submissions of learned counsel for accused/applicant that this is not an ordinary case where in view of seriousness of the offence, the accused (should) be denied anticipatory bail,” the court said in its order dated May 22.
It also took into account a complaint lodged by the mother of the accused against the maternal uncle of the girl, which the accused claimed resulted in the “counterblast” FIR against him.
The court asked the accused to not contact any of the prosecution witnesses, including the girl, and to join the investigation as and when directed. PTI ADS DIV DIV
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