KANWAR PAL SINGH ALIAS PUMPI Vs. STATE GOVT OF NCT DELHI
LAWS(DLH)-2007-9-90
HIGH COURT OF DELHI
Decided on September 21,2007

KANWAR PAL SINGH @ PUMPI Appellant
VERSUS
STATE(GOVT.OF NCT) DELHI Respondents

JUDGEMENT

- (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. 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.;


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