NEW DELHI: The Delhi High Court has granted bail to a man accused of killing a sex worker through aggressive sex, saying that merely because her bite mark was on his thumb, it could not be said that it was he, and not two associates, who carried out the aggressive act which turned out to be fatal.
According to the prosecution, the deceased was a sex worker whose services were availed by four accused persons, including the present accused, and in the course of the alleged act, he strangulated the woman to death. The four accused then dumped her body.
Justice Girish Kathpalia noted that there was no direct evidence in the case, and regarding circumstantial evidence also, “there was no witness who had seen the deceased last alive with any of the accused persons.” The judge further said that the possible evidence connecting the accused with the “so-called aggressive sex” could have been obtained through forensic examination, but according to FSL, no sexual activity was detected on examination of the body.
“In other words, even if the prosecution’s version is assumed to be correct to the effect that the accused persons engaged the services of the deceased for sex and one of them carried out aggressive sex, which turned fatal for the deceased, it cannot be said as to which of the four accused persons was responsible for that,” the judge said.
The judge noted that the remaining three co-accused had been released on bail, saying there was no reason to detain the present accused further.