The necessity for grave suspicion and prima facie evidence to frame charges under Section 376 IPC.

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 2:30 PM, the accused had called her and had informed her that he was sitting in a white colour Brezza car. It was alleged that upon boarding his car, the accused had taken the complainant to OYO Hotel in Rohini, in either room 204 or 402, where he had started harassing the complainant and had also threatened her to keep quiet, and under such threats, had committed forcible and non-consensual sexual intercourse with her thrice. It was further alleged that the accused had taken Rs.2,000/- from her on the pretext that he had forgotten his wallet. The complainant had also stated that she had met one person namely Ajay Kumar who had offered her his help after seeing her perplexed, and the complainant had disclosed the entire incident to him, and had thereafter reached the concerned police station on 19.01.2021. Upon such complaint, present FIR was registered and investigation was carried out.

3. The complainant was medically examined on 20.01.2021 and her statement under Section 161 Cr.P.C. was also recorded. In her statement to the police as well as to the doctor during the course of her MLC, the complainant reiterated her allegations against the accused. The statement of complainant was recorded under Section 164 Cr.P.C. before the Magistrate on 25.01.2021 whereby she resiled from her earlier statements.

4. The learned ASJ, vide order dated 11.01.2022, discharged the accused for commission of offence punishable under Section 376 IPC, with the following observations:

"10. In view of the aforesaid Judgment of the Hon'ble Delhi High Court and in the light of statement of the prosecutrix U/s 164 Cr.P.C. which is voluntarily statement and without any threat or coercion, it can be safely concluded that the prosecutrix did not allege that accused forcibly committed rape upon her, at any point of time. The material improvements and differences of two statements of the prosecutrix, one in the form of complaint made before the police and other statement UIs 164 Cr.PC. are making it clear that there is no strong suspicion against the accused to proceed against him. Hence, this Court finds that there is no grave suspicion the accused Sachin Sharma has committed any offence of commission of forcible rape upon the prosecutrix after 'criminally intimidating her. Accordingly, accused Sachin Sharma is discharged in the present case..."

5. Aggrieved by the aforesaid, the State has preferred the present petition on the ground that the charges ought to have been framed against the accused/respondent by taking a `prima facie. view.

6. Learned APP for the State argues that the learned ASJ has ignored the fact that complainant had levelled specific allegations against the accused in her complaint as well as during the course of preparation of her MLC. It is stated that contra