Brother accused of rape by his own sister gets bail: Delhi HC

Sister acused his brother of forcibly entering inside the room and started doing illicit activities with her. He put his hands inside her clothes; put his finger inside her vagina Various litigation are pending between the two. The complainant has filed proceedings under
Section 12 of Domestic Violence Act.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 29th APRIL, 2016

+ BAIL APPLN. 2110/2015
ANUJ AHUJA ….. Petitioner
Through : Mr.Y.P.Luckria, Advocate.
versus
GOVT. OF NCT OF DELHI ….. Respondent
Through : Ms.Nandia Rao, ASC.
Complainant in person.
CORAM:
HON’BLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (Oral)
1. The petitioner – Anuj Ahuja seeks anticipatory bail under
Section 438 Cr.P.C. in case FIR No.666/2015 registered under Section 376
IPC read with Sections 511; 323/506/34 IPC at PS Rajouri Garden. Status
report is on record. Bail application is contested by the State and the
complainant.
2. I have heard the learned counsel for the parties and have
examined the record. At the outset, it may be mentioned that both the
petitioner and the complainant are brother and sister. Various litigations are
pending between the two. The complainant has filed proceedings under
Section 12 of Domestic Violence Act.
3. By an order dated 23.12.2015, the petitioner was granted
interim protection and was directed to join the investigation as and when
required. Status report reveals that the petitioner has since joined the
investigation. Status report dated 20.11.2015 further reveals that both the
parties are habitual in lodging complaints. Many civil and criminal cases are
pending between them. A case of sexual assault vide FIR No.213/2015
dated 09.02.2015 under Sections 323/341/354A/34 IPC has also been
registered against the petitioner and his sister on the statement of the
prosecutrix. Another FIR No.566/2015 dated 27.04.2015 under Sections
323/341/506/34 IPC has been registered on the statement of the prosecutrix
against her brother and sister.
4. In the instant FIR, the prosecutrix disclosed that on 16.05.2015
at about 09.45 a.m. when she was changing clothes the petitioner entered
forcibly inside the room and started doing illicit activities with her. He put
his hands inside her clothes; put his finger inside her vagina. When she
objected, her father K.L.Ahuja came and started beating her. When she tried
to escape, she was giving beatings by her father, brother and sister. She
alleged that the petitioner had attempted to commit rape upon her whereas
her sister and father helped him.
5. It is relevant to note that on the complaint of K.L.Ahuja,
victim’s father, a cross-case vide FIR No.667/2015 under Sections
324/341/506/34 IPC was registered against the prosecutrix. All of them
were medically examined and nature of injuries found on their body was
opined ‘simple’ in nature. In her response to the petition, the complainant
informed that her sister Roma Ahuja used to force her into immoral / illicit
practices; her father K.L.Ahuja and brother Anuj Ahuja (the present
petitioner) were involved in it. She had made complaints to various law
enforcing agencies. Complaint under Domestic Violence Act was filed by
BAIL APPLN. 2110/2015 Page 3 of 5
her in 2010 and she has been granted protection vide order dated
28.06.2010. The Court directed the SHO to ensure ‘peace’ in the shared
house-hold. The said order was never complied with by the police. On
26.04.2015, she was brutally beaten up and forced out of the shared household
by the petitioner and other accused persons. She was not permitted to
enter the house despite presence of DCW personnel. She was made to stay
at a shelter house in YWCA in Delhi for two days. On 28.04.2015, she
appeared before Mahila Court and vide order dated 28.04.2015 was granted
protection / residence (interim). She further alleged that her sister is a CEO
of a law firm called Juris Global and has been involved in supplying women
to influence and highly profile people. Her father, sister and brother have
illicit relationship. They all force her to be a part of it.
6. On merits, she stated that the petitioner has already been
declared Proclaimed Offender on 16.11.2015 by the Trial Court. He did not
join the investigation. She was not permitted to enter the shared house.
Intention of the petitioner and accused persons is to deprive her of her share
/ right in the property. Contempt proceedings have been initiated for
violation of the orders.
7. It is pertinent to note co-accused K.L.Ahuja and Roma Ahuja
have already granted anticipatory bail by this Court vide order dated
11.01.2015 in Bail Appln. 1136/2015.
8. Allegations against the present petitioner of course at first
instance seem to be very grave and serious. However, considering the
background of the case where the parties are at loggers-head and various
civil and criminal proceedings are pending between the two, the allegations
cannot be taken on its face value at this stage. The petitioner has placed on
BAIL APPLN. 2110/2015 Page 4 of 5
record the PCR calls made by the petitioner from her mobile No.901331822
at 10.25.30 hours, 10.47.50 hours and 11.17.35 hours soon after the
occurrence. She did not level any allegations of attempt to rape by her
brother in these calls. The calls merely pertain to the incident of ‘quarrel’.
Subsequently, in her complaint, the petitioner leveled all these allegations.
She declined internal medical examination. The injuries found on her body
were found ‘simple’ in nature. She did not explain the injuries suffered by
the petitioner and his father. The petitioner has further placed on record
report dated 02.05.2015 (Annexure ‘C’) given at the Police Post MIG Flats,
Rajouri Garden, lodged by Ahilya Ahuja – her mother when she was
allegedly threatened in a quarrel with her. DD No. 32 (Annexure ‘D’) was
lodged on 04.07.2014 informing that the complainant had threatened to
implicate them in a false rape case or attempt to rape case. It is informed
that on 04.07.2014, the complainant had entered the house after a gap of
three and a half years.
9. Record reveals that the petitioner was availing legal remedies to
get anticipatory bail. However, vide order dated 16.06.2015 the application
was dismissed. The petitioner filed the instant petition before this Court on
05.10.2015. He was declared Proclaimed Offender subsequent to that on
16.11.2015. During the pendency of this petition, he was granted interim
protection by this Court on 23.12.2015. It cannot be said that the petitioner
was deliberately absconding.
10. Considering the peculiar facts and circumstances of the case,
the petitioner is granted anticipatory bail and in the event of arrest, he be
released on furnishing personal bond in the sum of `50,000/- with one surety
in the like amount to the satisfaction of the SHO/Investigating officer. He
BAIL APPLN. 2110/2015 Page 5 of 5
shall, however, join the investigation as and when required; shall not contact
the prosecutrix, and shall not criminally intimidate her in any manner
whatsoever.
11. The bail application stands disposed of.
12. Observations in the order shall have no impact on merits of the
case.
(S.P.GARG)
JUDGE
APRIL 29, 2016 / tr