PRATIBHA RANI, J.

1. Feeling aggrieved by the order dated 20th March, 2017 whereby respondent/accused person has been discharged in case FIR No.1622/2015 under Section 376/328/323/506 IPC, PS Janak Puri, the State has invoked the revisional jurisdiction of this Court with a prayer to set aside the order on discharge.

2. Before the learned Trial Court, the respondent/accused sought his discharge on the grounds which are recorded in para 5 of the impugned order as under:-

‘5. Ld. Counsel for the accused has contended that accused has been falsely implicated in this case. She withdrew her complaint on 6.12.2015 and also refused to undergo her internal medical examination when she was taken to hospital on 6.12.2015. According to him, if a grown up girl has consented to sexual intercourse with a person who held out false promise to marry her, it would not amount to consenting under any misconception of fact u/s 90 IPC and, as such, no offence of rape can be said to have been committed. According to him, no prima facie case for the alleged offences is made out against the accused and he is liable to be discharged.’

3. Vide impugned order dated 20th March, 2017, the learned Addl Ses