The court said it seems to be a case of honey-trapping as well as no satisfying factor was offered for the “inordinate hold-up” in the enrollment of an FIR

An individual in a consensual physical relationship is not required to judicially scrutinise the date of birth of his partner, the Delhi High Court has actually stated while giving bail to a male accused of “raping” his claimed small companion who has “3 different dates of birth”, according to certifications.

The court claimed an individual is not called for to see the Aadhaar card or the PAN card or confirm his companion’s date of birth from her college documents before entering a consensual physical partnership with her and also approved alleviation to the accused that asserted that the prosecutrix was providing her dates of birth based on her own comfort just to invoke the arrangements of the child abuse law versus him.

“The individual, that remains in a consensual physical partnership with one more person, is not called for to judicially scrutinise the date of birth of the other person. He is not needed to see the Aadhaar card, the frying pan card and validate the date of birth from her college records prior to he participates in a physical relationship.

“The extremely fact that there is an Aadhaar card which the exact same shows the day of birth as 01.01.1998 suffices for the applicant to create an opinion that he was not indulging in a physical relationship with a small,” Justice Jasmeet Singh said in the order dated August 24.

“As relates to the date of birth, it seems the prosecutrix has three different dates of birth. The Aadhaar card reveals her date of birth as 01.01.1998 and also thus, on the date of the supposed event, the prosecutrix was supposed to be a major,” the court added.

Keeping in mind the transfers of “big amounts of cash” in favour of the prosecutrix, the court claimed prima facie, it appears to be a case of honey-trapping and no acceptable factor was given for the “excessive hold-up” in the registration of an FIR in April for the supposed events that happened in 2019 as well as 2021.

The court asked the police commissioner to ensure a thorough investigation with respect to the pendency of similar FIRs by the prosecutrix against others, along with to probe her Aadhaar card information.

“I am of the view that in the present case, there is much more than what fulfills the eye. Based on the prosecutrix’s own showing and also as stated in the FIR, she has had a connection with the candidate from 2019. If the applicant had actually blackmailed the prosecutrix, there was absolutely nothing avoiding her from coming close to the cops at an earlier stage,” the judge stated.

“I am, appearing, of the view that this also seems to be an instance of such an event (of honey-trapping). The commissioner of authorities shall have a comprehensive examination as pertains to the prosecutrix, if any such similar FIR has been registered by the prosecutrix versus any type of various other individual in Delhi. The cops will likewise investigate the Aadhaar card … as well as the date of issuance of the same and also the supporting files filed for the issuance of the said Aadhaar card,” he added.

The court routed that the charged be released on an individual bond with one neighborhood surety of 20,000, as well as he must occasionally report to the police station as well as show up before the court whenever the case is occupied for hearing.

It additionally asked the accused not to leave the nation as well as to surrender his key in addition to not to indulge in any type of criminal activity or communicate with those pertaining to the case.

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Resources: NDTV

Last Updated: 30 August 2022