The Delhi High Court on Friday refused to grant bail to an accused in a sexual assault case involving a minor, stressing that personal familiarity or occasion cannot justify non-consensual acts.
Background of the Case
The case arose from FIR No. 53/2025 registered at Karawal Nagar police station. The complainant, a 17-year-old girl, alleged that the accused, known to her for about a year, called her to a house on February 14, 2025, under a pretext.
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According to her statement, the accused applied vermilion in her hair parting and then allegedly established physical relations despite her resistance. Her brother later informed the police, leading to medical examination and investigation.
The accused sought regular bail, arguing that the girl was above 18 and that the relationship was consensual.
Justice Girish Kathpalia carefully examined the material on record, including the school certificate showing the prosecutrix’s date of birth as January 14, 2008.
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Rejecting the defence argument, the court noted that evidence, including DNA findings, supported the prosecution’s case.
“The fact that the parties were known to each other or that the incident occurred on Valentine’s Day does not give licence to forcibly establish sexual relations,” the bench observed.
The court also took note of the prosecutrix’s consistent stand - from filing the FIR to supporting the prosecution during trial - and her personal appearance in court opposing the bail plea.
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Considering the seriousness of the allegations, the age of the prosecutrix, and the supporting evidence, the High Court held that it was not a fit case for grant of bail at this stage.
“The stand taken by the prosecutrix… clearly shows that the alleged incident was against her consent,” the court said while dismissing the bail application.
The court clarified that its observations would not affect the final outcome of the trial.
Case Title: Wasim Akhtar v. State (GNCT of Delhi)
Case Number: Bail Appln. 815/2026
Decision Date: March 20, 2026
