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2020 Supreme(Del) 427

SANJEEV SACHDEVA
Saroj Kumari – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioner:Mr. Chetan Sharma, Senior Advocate with Mr. I.J.S. Mehra, Ms. Tabbassum Firdause, Advocates.
For the Respondent:Mr. Hirein Sharma, APP, with SI Rajeshwar, Mr. Amit Nag and Mr. P.S. Rana, Advocates.

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Petitioner impugns order dated 20.09.2016, whereby, the Trial Court has discharged respondent No.2 of the offences under Section 376/506 IPC.

2. Subject FIR was registered under Section 376 IPC, on the complaint of the petitioner made on 13.10.2015 wherein she had alleged that her husband had died in the year 2006, she has a small child and was very upset in connection with her husband’s case when she came in contact with respondent No.2.

3. It is alleged that respondent No.2 taking advantage of her started increasing his closeness with her and against her wishes made physical relationship and when she protested he is alleged to have stated that he was all alone, so would marry her and take care of her and her son. He also promised to purchase a plot in her name.

4. Thereafter, it is alleged that, in the year 2007 a 50 sq.yard plot was purchased and she provided Rs.2 lakhs which she had taken from her father for purchase of the plot. For constructing a house on the said plot, she gave 10 tolas gold and 750 grams of silver. When the house was built they shifted into the house and started living in the house since the year 2008.

5. It is alleged that for

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