Delhi High Court
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New Delhi: The Delhi High Court has granted anticipatory bail to a man accused of sexually assaulting a minor, noting that the girl gave conflicting statements.
Justice Ravinder Dudeja said that forensic evidence also did not support the version of the minor girl, who was 10-year-old at the time of the alleged incident in 2023.
"It may not be apposite at this stage to make any observation on the merits of the allegations as any observation made at this stage may prejudice the trial. However, needless to state that there are conflicting statements of the prosecutrix at this stage," the court said, noting that the accused has already joined the investigation.
In the order dated May 21, the court noted that though the girl's samples were sent for forensic analysis, as per the results, no male DNA profile could be generated from the source of the exhibits.
"Thus, forensic evidence is not supporting the version of the prosecutrix," it said.
Seeking anticipatory bail, the man's counsel submitted that he was not even named in the FIR and initially the girl had levelled the allegations of sexual assault against her father.
However, as an afterthought and at the instigation of her mother, she made allegations against the petitioner, the counsel said.
The prosecutor, however, contended that the man was not named in the FIR out of fear as he had threatened to kill the minor.
According to the FIR, the girl alleged that she was sexually assaulted by her father in September 2023 in their house. It said the girl did not tell anything to her mother because of the threats issued by her father.
The girls' father was arrested and released on bail.
Later in October 2023, the girl's mother wrote to the police claiming that her daughter has now revealed the true facts that she was not sexually assaulted by her father, but by the man in question, who was a barber in the neighbourhood.
The court, while granting relief to the petitioner, said in case the man is arrested, he should be released on furnishing a personal bond and a surety of Rs 30,000 each.
It also said he should not try to contact the girl or threaten/intimidate her and her family members, and join the investigation.