9911796707
TMI Blog2021 (4) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... int, the complainant stated that she was pursuing Economics from D.U. and was staying with her mother after the separation of her mother from her father in the year 2001. It is stated that her mother is a business woman and in the year 2010 her mother met the petitioner who was also divorcee, and they married each other in the year 2012. Thereafter the petitioner also started living with them and started working in the complainant's mother company. It is alleged that shortly, after the marriage between the petitioner and mother of the complainant, behaviour of the petitioner from the beginning was over friendly with her and was always finding excuses to physically touch her and hug her. 3. It is further alleged that the complainant objected to the behaviour of the petitioner who told her that he was only trying to teach her and discipline her and she could not take it otherwise. It is further alleged that soon his behaviour progressed in the direction of aggressive sexual harassment and was always trying to touch the body of the complainant when no one was looking. It is alleged that the complainant was severely, emotionally depressed and then she started to object very loudly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the door and grabbed her and licked the face of the complainant. It is further alleged that the petitioner inserted his finger inside her private part and refused to leave her. When the complainant struggled and shouted the petitioner pushed her and punched her in her stomach and asked her to keep quiet. It is alleged that thereafter he took out his mobile and told that he was making nude video of the complainant and if she would make noise then he would show this video on the internet. It is alleged that the petitioner also threatened her to kill the complainant and her mother. It is alleged that thereafter the petitioner left the house and ran away. It is alleged that when she discussed and shared the incident with her mother, she broke down and assured the complainant not to worry and that she would support her and would not keep quiet about this incident, even if the complainant published the nude pictures of the complainant. 7. I have heard Mr. Sudhir Nandrajog, Sr. Adv., counsel for the petitioner as well as Ld. APP for the State. The private counsel representing the complainant had also made her submissions and assisted the Ld. APP. 8. The main contention of the Ld. Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pelled to initiate contempt proceedings against Mrs. Pooja Goela and ICICI bank. It is further submitted that the cheques issued to the petitioner by the company were dis-honoured by the bankers of the petitioner as Ms. Pooja Goela had stopped the cheques, so complaints U/s 138 NI Act have been preferred by the petitioner against the company and Mrs. Pooja Goela. It is further submitted by the Ld. Sr. counsel for the petitioner that the petitioner was regularly threatened implications in false cases about which he made complaints at P.S. Greater Kailash at different point of time. It is further submitted that there is a delay of more than 7 months in filing the present complaint by the complainant and there is no explanation for the delay. It is further submitted that the alleged incident is dated 18.05.2020 but the complainant preferred the complaint on 29.12.2020 which has been filed solely with the purpose that the petitioner may not pursue his business interest in the company. 11. It is further urged that the petitioner was not residing at the residence R-64, 3rd Floor, Greater Kailalsh-1, where the complainant was present on the date of the incident and the IO made no efforts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no place to go. It is further submitted by the Ld. APP that the location of the petitioner as per the ID chart of mobile phone was found at the place of occurrence. It is further submitted that the complainant's statement U/s 164 Cr.P.C has been recorded wherein she has reiterated the version given in the FIR. It is submitted by the counsel for the complainant that the accused/petitioner may not be available for the trial as he has mentioned different addresses in the bail petition and there are chances that he may flee from the justice. It is further submitted that there is an independent witness who is the maid working at the time of the incident in the house of the complainant. As regard the delay in lodging the FIR, it is submitted that the complainant remained silent to save the matrimonial trauma of her mother and the marriage of the complainant was fixed during that period and if the fiance of the complainant would have come to know about the incident, he would have broken the relationship. 14. No doubt, the allegations against the petitioner are serious in nature but the severity of the allegations is not the only consideration which should result in denial of grant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the FIR is not always fatal and it depends upon the facts of each case. The reasons given by the counsel for the complainant for the delay is that the complainant never wanted to spoil the matrimonial home of her mother and secondly her fiance would have left her if he had come to know about the conduct of the petitioner. Though, the complainant has tried to explain the delay, but the same can be looked into at the time of trial and as to what would be the fate of such delay would be seen at that particular stage. 18. The perusal of the FIR shows that no day, date, month and time has been given by the petitioner with regard to the incident prior to 18.05.2020. It is also not understood as to why she had not even once made any complaint to her mother and brother about the misconduct and sexual harassment being meted out by the petitioner and when at one stage according to the complainant, her mother even fell unconscious after drinking green tea which the petitioner brought for the complainant but was drank by the mother of the complainant but then also the complainant failed to tell her mother and brother about the conduct of the petitioner as already observed. 19. In the instan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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