MOHAMMAD SHAHID @ SAHID vs STATE OF (NCT) OF DELHI & ANR.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.07.2025 + BAIL APPLN. 2727/2025 & CRL.M.A. 21326/2025 MOHAMMAD SHAHID @ SAHID .....Petitioner Through: Mr. Raj Kishore Choudhary, Ms. Shalini Tripathi and Ms. Pratibha Singh, Advocates. versus STATE OF (NCT) OF DELHI & ANR. .....Respondents Through: Mr. Amit Ahalawat, APP for State with W/SI Damini, PS P.G.Cell and SI Deepika, PS Vikaspuri. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 115/2024 of PS Vikaspuri for offence under Section 376/342/354(D)/506 IPC and Section 06/12 POCSO Act. 2. Briefly stated, the prosecution case is as follows. In the month of April 2023, the accused/applicant, working as a construction labourer in NDMC Apartments, Vikaspuri allured the prosecutrix, minor in age, with his sweet talk and they became friends. But thereafter, one day the accused/applicant allured the prosecutrix to a deserted ground floor BAIL APPLN. 2727/2025 Page 1 of 3 pages Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Signature Not Verified Date: 2025.07.24 17:56:22 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:24.07.2025 18:07:17 apartment which was under construction. Over there, the accused/applicant raped the prosecutrix and even threatened her not to disclose the incident to anyone. Even thereafter, till November 2023, the accused/applicant repeatedly raped the minor aged prosecutrix. 3. Learned counsel for accused/applicant submits that at the time of the alleged incidents, the prosecutrix was major in age. For this claim, learned counsel refers to the testimony of PW-2 mother of prosecutrix, who stated before the Trial Court that she got married in the year 2000 and within two years the prosecutrix was born. It i