Evidence to be recovered; Court denies bail to rape accused

A Delhi court has denied anticipatory bail to a man, accused of raping his relative, noting that his custodial interrogation was needed to recover further evidence.

Special judge O P Saini denied the relief to the Vasant Kunj resident and said the records showed that threats were being extended by the family members and relatives of the accused to the woman not to pursue the matter legally.

"In the FIR it is clearly recorded that the accused forced the victim into physical relationship against her consent. There are also statements on record indicating that threats are being extended by the family members and relatives of the accused to the prosecutrix (victim) to not to legally pursue the matter.
 

"The prosecution also claims that the relevant mobile phone number and the nude photographs are also required to be recovered and for that the custodial interrogation of the accused is necessary. Considering these factors ..., I do not find any merit in the bail application and the same is dismissed," the court said.

While opposing the application, advocate R S Jakhar, appearing for the victim, had told the court that the accused and the alleged victim were relatives and the man had taken advantage of this and forced the woman into physical relationship against her consent.

The police had said that the investigation was incomplete and the mobile phone from which videos of the victim were shot, along with the photographs, was required to be recovered from the accused, and for this, his custodial interrogation was required.

The accused had sought the relief claiming the sexual relationship between him and the alleged victim was "consensual" as reflected by the WhatsApp messages exchanged between them and added that the woman was blackmailing him.

Countering this version, the police had told the court that the messages allegedly exchanged between the the victim and the accused were from a fake account opened by the accused and these did not present the correct picture.