The truthfulness or falsity of allegations cannot be prejudged at the initial stage, and the complainant must be afforded an opportunity regarding the CCTV footage.

Sunita Gupta, J.:--

1. The present petition has been filed by the petitioner under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 for setting aside the order on charge dated 19.08.2014 passed by learned Additional Sessions Judge in case FIR No. 34/2013 dated 20.03.2013 under Section 376/354 IPC Police Station South Campus.

2. Before dealing with the rival submissions of learned counsel for the parties, a brief reference to the relevant facts of the case leading to the registration of the FIR is necessary.

3. On receipt of DD No. 30A dated 20.03.2013 WSI Pritima alongwith Constable Sudhir Maan reached at E-6, Anand Niketan, New Delhi where complainant Manisha met her and submitted a written complaint regarding commission of rape on her. In the complaint, complainant alleged that she is residing at house No. 202, R.K. Apartment, Patparganj, Delhi alongwith her 17 years old daughter Upasana since last one year and working as a Remiser in Geojit BP Paribas Company. In the year 2007, divorce took place between her and her husband. She knew Ashok Chawla through Jeevansathi.com since the year 2007. She was on talking terms with him and also used to visit his house. She further alleged that in the year 2012 Ashok Chawla leased out a house to her and agreement was in the name of Ashok Chawla. On 20.03.2013 she had gone to the house of Ashok Chawla in connection with termination/renewal of lease agreement of the tenanted premises. She was in the office at first floor of the residence of Ashok Chawla where she was offered some coffee after which she lost her consciousness. When she gained her senses, she found herself lying on the carpet and no undergarments/jeans in the lower part of her body. She alleged that she had been raped by Ashok Chawla. After she gained consciousness she somehow managed to escape and filed this complaint. After completing investigation, chargesheet was submitted against the accused. Vide impugned order, learned Additional Sessions Judge found that a prima facie case for offence under Section 376/354 IPC is made out against the accused as such, charge was framed.

4. Aggrieved by framing of the aforesaid order on charge, the petitioner has filed the present revision petition stating inter alia that Trial Court has failed to appreciate the fact that a false complaint was lodged by the complainant with mala fide intention and ulterior motive to wriggle out from the criminal case of forgery, cheating and theft committed by her. Mr. Ajay Burman, Advocate urges that in the year 2012 the complainant taking advantage of her relationship with petitioner stole the voter ID card of the petitioner in March, 2012 and thereafter forged his signatures on a tripartite agreement i.e., the lease agreement without the knowledge of the petitioner. The factum of fraud, forgery and cheating came to the knowledge of the petitioner only on 20.03.2013 when the complainant came to meet the petitioner at his residence-cum-office to inform about the notice served on him by the landlord. The petitioner lodged FIR against the complainant bearing No. 347/13 under Section 420/468/471 IPC at Police Station Madhu Vihar and chargesheet has been filed in the Court. It was further submitted that on 19.03.2013 the complainant received a notice for vacating the premises where she was residing as she had not paid rent of the said flat for nearly seven months. The allegations regarding commission of rape on her is falsified by the scientific evidence in the form of CCTV installed at the place of occurrence which was seized by the Investigating Officer and sent to FSL, Rohini and it was opined that there was no tampering in the same. A perusal of the CCTV footage rather shows that the petitioner was being seduced by the complainant to make love with her as her intention from the beginning was and she wanted to frame the petitioner in this false and frivolous case to extort money and to wriggle out from criminal acts