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2017 Supreme(Del) 2870

S.P.GARG
X (Assumed name) – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.K. Garg, Mr. Ankur Chhibber, Ms. Noopur Dubey
For the Respondents: Mr. Amit Gupta

JUDGMENT :

S.P. GARG, J.

Crl.M.A.1875/17, 1877/17 (delay in filing and refiling) in CRL.REV.P. 110/2017

Crl.M.A.3602/2017 (delay) in CRL.REV.P. 166/2017

For the reasons mentioned in the applications, the delay in filing and refilling the revision petitions is condoned.

The applications stand disposed of.

CRL.REV.P. 110/2017 and CRL.REV.P. 166/2017

1. Present revision petitions have been preferred one by the victim ‘X’ (changed name) and the other by the State to challenge the legality and correctness of an order dated 30.08.2016 of learned Additional Sessions Judge in Sessions Case No.441333/2016 emanating from FIR No.157/2016 registered under Sections 376/506 IPC at Police Station Dwarka (South) whereby the respondent was discharged of the offences.

2. I have heard the learned counsel for the parties and have examined the file. Learned Senior counsel for the victim urged that the Trial Court did not appreciate the case in its proper and true perspective. The trial court fell into grave error in not appreciating that the victim’s consent to have physical relations with the respondent was under misconception of facts. The respondent had given false assurance to the prosecutrix that he would























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