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SWARANA KANTA SHARMA
State (GNCT of Delhi) – Appellant
Versus
Sachin Sharma – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (`Cr.P.C..) has been filed by the State assailing order dated 11.01.2022 passed by learned Additional Sessions Judge-Special Fast Track Court, North-West, Rohini Courts, Delhi (`learned ASJ') in case FIR bearing no. 28/2021 registered at Police Station North Rohini, Delhi for offence punishable under Sections 376 of the Indian Penal Code, 1860 (`IPC'), whereby the application filed by the accused/respondent seeking discharge was allowed.
2. The case of prosecution, to state briefly, is that the present FIR was registered on 20.01.2021 on the basis of complaint lodged by the complainant, aged 32 years, whereby she had stated that she had come in contact with the accused one month back and both had started having conversation with each other, during course of which, the complainant had disclosed to the accused about her being a divorcee and accused had told her that he was unmarried. It was alleged that the accused had asked the complainant to meet him at Petrol Pump, Sector 7, Rohini on 18.01.2021, and when the complainant had reached the said location at 2:3
The necessity for grave suspicion and prima facie evidence to frame charges under Section 376 IPC.
Contradictions between the statements under Section 161 and 164 Cr.P.C. are a matter of trial and cannot be a sole ground for discharge if the other material on record discloses a prima facie case ag....
Charges in sexual assault cases can be framed based solely on the victim's statements without internal medical examination compliance.
The necessity to establish a prima facie case at the stage of framing of charge and the power of the Sessions Court to commit a case for trial if an offence exclusively triable by the Court of Sessio....
A trial court must possess sufficient prima facie evidence to sustain charges; contradictions in the victim's statements led to the discharge of the accused.
Consent obtained under false promises of marriage vitiates consent and constitutes a basis for rape charges under Section 375 IPC.
The court reiterated that a promise of marriage does not constitute consent in cases of sexual assault, emphasizing the need for prima facie evidence for charge framing.
The central legal point established in the judgment is that the Trial Court should exercise its judicial mind to determine whether a case for trial has been made out and should not conduct a roving e....
At the stage of framing of charge, it is only to be seen whether a prima facie case exists on the basis of the material on record.
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