The court emphasized the need for strong suspicion of the accused's offence at the initial stage and the requirement to apply judicial mind before framing charges.

P.S.TEJI, J.

1. By this revision petition filed under Section 397 read with Section 401 of Cr. P.C. the petitioner seeks for setting aside the order dated 03.10.2016 passed by the learned Additional Session Judge, (Special Fast Track Court), East District, Karkardooma Courts, Delhi, in S.C. No.392/2016 (S.C. No.95/2015) whereby the petitioner has been charged for the offences punishable under Sections 376/376(2)(n)/377 of IPC.

2. In nutshell, the facts of the case as mentioned in the impugned order on charge are that the prosecutrix came in contact with the appellant Sandeep Sharma in January 2003, through Yahoo Messanger and thereafter, friendship developed between them. The accused made physical advances to her which she resisted. However, the accused made physical relations with her in natural and unnatural manner without her consent. On 04.06.2012, the accused befooled the prosecutrix into some ceremony pretending to be married with her. It is also the case of the prosecution that the accused started ignoring the proxecutrix and on 18.05.2013 the prosecutrix went to the house of the accused persons but the other accused persons Mani Ram Sharma (Father), Nirmala Sharma (Mother) and Hemant Sharma (Brother) of accused Sandeep Sharma locked her in a room and beat her. The accused Hemant Sharma misbehaved with her and outraged her modesty. They also threatened the prosecutrix that they will kill her. It is further the case of prosecution that the prosecutrix got medically examined at LBS Hospital on 21.05.2013. Her MLC records showed that she was having multiple contused abrasions over forearms, face, back and thigh. There were also some tenderness at some places.

3. In the statement under Section 164 of Cr.P.C., the prosecutrix reiterated the allegations as made in her complaint. After completion of investigation the prosecution had filed charge sheet in court and the petitioner – Sandeep Sharma was charged for the offence under Section 376(1) of IPC. However, the other accused Mani Ram and Nirmala Sharma were charged for offence under Sections 323/342/506/34 of IPC and accused Hemant Sharma was chargesheeted for the offence under Section 323/342/354/506/34 of IPC. Consequently, the accused persons were charged accordingly.

Aggrieved by the said order, the petitioner – Sandeep Sharma has approached this court by way of the present revision petition.

4. Learned Senior Advocate appearing on behalf of the petitioner contended that the present case is registered on the complaint made against the petitioner by prosecutrix for the offence under Section 376(1) of IPC. It is further contended that in her statement under Section 161 Cr.P.C., the prosecutrix had stated that the petitioner indulged in oral sex several times with her and on 11.02.2011, the petitioner was alleged to have oral sex with her in a car standing outside his house. It is further contended that it is submission of the prosecutrix that when the petitioner asked to have anal sex to which she had refused and called the police and with the interference of the police the matter was sorted out after which the petitioner agreed to marry her. However, the prosecutrix refused to undergo medical examination on the pretext that she was unwell. Learned senior counsel for the petitioner vehemently urged that it is the submission of the prosecutrix that her marriage with the petitioner was performed at a temple in Sector 11, Rohini according to the Hindu Rites and Rituals and after marriage, the petitioner took her to Meerut home where he forced her to have unnatural sex but she refused to have complete physical relationship till the registration of marriage. The counsel further urged that in the same statement, the prosecutrix had categorically stated that she put forward her desire to have a baby to which the petitioner replied that they can have a baby later. It is further contended that even the material collected by the police authorities during the course of investig