FIR not an encyclopedia of facts: Delhi Court denies bail to rape accused

A man accused of rape was denied bail by a Delhi Court, which noted in its order that the first information report (FIR) could not be seen as an encyclopaedia of facts [State v. Faizan Khan]..Additional Sessions Judge Prashant Sharma of the Saket Court stated in an order passed on January 12,“The FIR in question cannot be seen as an encyclopaedia of facts. The arguments of the counsel of the accused that the FIR is vague, thus, loses significance.".It came on record that the accused and the complainant became acquainted with each other through social media. The man told her that he would marry her and purportedly demanded money from her. The woman gave him ₹5 lakh which he never returned. Thereafter, he entered into sexual relations with her and got her pregnant.The FIR also alleged that the accused had threatened the woman of making certain videos he had taken of her "viral" if she shared her ordeal with anyone. Meanwhile, it was alleged, the accused continued to rape her..Seeking bail before the Court, the accused’s counsel argued that the woman had consented to having physical relations with his client and denied that he received any money from her. Calling the FIR “vague,” it was argued that the there was no date, time or place pertaining to the allegations of rape..Advocate Sahil Mongia, appearing for the complainant, pointed out that the woman’s consent was not free. Rather, it was given under the assurance that the accused would marry her..The Court held that the accused was not entitled to bail given the gravity of the offence alleged, his conduct, and the fact that the complainant had stuck to her version of events.“Keeping in. Minds the gravity of the offence; conduct of the accused and other circumstances. Accused Faizan Khan, is not not entitled to bail. Accordingly, the present bail application stands dismissed,” it held..Advocate Kunwar Mohd Asad represented the accused and Additional Public Prosecutor LD Singh appeared for the State.

FIR not an encyclopedia of facts: Delhi Court denies bail to rape accused

Bar & Bench

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