Criminal

Case
In the matter of
State
Vs.
Mr. Abdul Atik & Ors

In the Court of Honble Mr.Justice R.K. Tripathi, Saket District Court

SUMMARY OF THE CASE

The applicant Abdul Atik is a permanent residence of New Delhi. The accused
was know to complainant Nagma and was having love affair with her, since
2010-2011. After 3-4b years of his relationship, they got married according to
muslim rites and the customs, registration No. 15/2014 by Maulana Qazi
Riyazuddin Amini, mohalla Niyaran Behind Gautam Buddh Road, Ajmeri Gate,
Delhi-110006 in the presence of the witnesses.
Thereafter the couple started residing at the house of the accused as husband
and wife. Th family of the Complainant was not happy with the said marriage
and used to threaten the accused and his family members to face dire
consequences. But after some days the family of the complainant took the
complainant from the company of accused on the pretext that tey need one
month for completing the rituals of marriage and after that they will sent
complainant to her matrimonial home.
After one month when the accused went to the house of the complainant to take
her back he was not allow to met his wife and rather thrown out of the house
and was threatened that if he will not leave her wife, they will implicate the
accused in the false case.
After this accused filed a complaint against the family members of the
complainant in Govindpuri police station but no action was taken against them.
Thereafter, the accused filed a complaint before the court of Ms. Anu Aggarwal
Ld. M.M Saket Court, for giving direction to SHO P.S. Govindpuri/ family
members of complainant to produce the complainant. Thereafter, the family
members requested the accused to withdraw the said complaint and give
assurance that they will send the complainant to his house.
After that a FIR was registered against the accused at P.S. Gobindpuri on
29.01.2015 under section 366,376,34 of Indian Penal Code on the statement of
the Nagma complainant. The accused was arrested on 2310.2015 by the police
official of P.S. govindpuri.

STATUES REFERRED
1) THE INDIAN PENAL CODE, 1860
2) THE CODE OF CRIMINAL PROCEDURE, 1973

RELEVANT SECTIONS
THE INDIAN PENAL CODE, 1860
S.366) Kidnapping, abducting or inducing woman to compel her marriage,
etc.Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any
person against her will, or in order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit
intercourse, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; 1[and whoever,
by means of criminal intimidation as defined in this Code or of abuse of
authority or any other method of compulsion, induces any woman to go from
any place with intent that she may be, or knowing that it is likely that she will
be, forced or seduced to illicit intercourse with another person shall be
punishable as aforesaid

S.376) Punishment for rape.- Whoever, except in the cases provided for by
sub-section (2), commits rape shall be punished with imprisonment of either
description for a term which shall not be less than seven years but which may be
for life or for a term which may extend to ten years and shall also be liable to
fine unless the women raped is his own wife and is not under twelve years of
age, in which cases, he shall be punished with imprisonment of either

description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less than seven
years.
(2) Whoever,
(a) being a police officer commits rape
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police
station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate
to him; or
(b) being a public servant, takes advantage of his official position and commits
rape on a woman in his custody as such public servant or in the custody of a
public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or other
place of custody established by or under any law for the time being in force or
of a womans or childrens institution takes advantage of his official position
and commits rape on any inmate of such jail, remand home, place or institution;
or
(d) being on the management or on the staff of a hospital, takes advantage of his
official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term
which shall not be less than ten years but which may be for life and shall also be
liable to fine: Provided that the Court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment of either
description for a term of less than ten years. Explanation 1.Where a woman is

raped by one or more in a group of persons acting in furtherance of their

common intention, each of the persons shall be deemed to have committed gang
rape within the meaning of this sub-section. Explanation 2.Womens or
childrens institution means an institution, whether called an orphanage or a
home for neglected woman or children or a widows home or by any other
name, which is established and maintained for the reception and care of woman
or children. Explanation 3.Hospital means the precincts of the hospital and
includes the precincts of any institution for the reception and treatment of
persons during convalescence or of persons requiring medical attention or
rehabilitation.
S.34- Acts done by several persons in furtherance of common intentionWhen a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as
if it were done by him alone.

CODE OF CRIMINAL PROCEDURE, 1973

S.439)- Special powers of High Court or Court of Session regarding bail.

A High Court or Court of Session may direct(a) that any person accused of an offence and in custody be released on bail, and
if the offence is of the nature specified in subsection (3) of section 437, may
impose any condition which it considers necessary for the purposes mentioned
in that sub- section;

(b) that any condition imposed by a Magistrate when releasing an person on bail
be set aside or modified: Provided that the High Court or the Court of Session
shall, before granting bail to a person who is accused of an offence which is
triable exclusively by the Court of Session or which, though not so triable, is
punishable with imprisonment for life, give notice of the application for bail to
the Public Prosecutor unless it is, for reasons to be recorded in writing, of
opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.

TIMELINE OF THE SUIT

29-10-2015
Final argument were given by the council and the bail was granted by the Court.
28-10-2015
Council of the accused filed a bail application in the court of R.K. Tripathi.
23-10-2015
The accused was arrested by the police officials of Govindpuri police station.
29-01-2015
FIR registered in Govindpuri police station under section 376,366,34 of inndian
Penal Code by the Nagma Complainant.
5-12-2013
Accused went to the house of the complainant to take her back.he was thrown
out of the house and was threatened
04-11-2014
Parent of the complainant took her from the company of the accused on pretext
that they need one month to complete rituals of marriage
10-07-2014
Accused and complainant got married