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SWARANA KANTA SHARMA
Naimuddin – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant revision petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.) has been filed by the petitioner seeking setting aside of impugned order on charge dated 27.01.2023 vide which charges were ordered to be framed against the revisionist/petitioner for offences punishable under Sections 354/354B/376 of Indian Penal Code, 1860 (`IPC.) passed by the learned Additional Sessions Judge, SFTC-02, Central District, Tis Hazari Courts, Delhi in SC No.826/2022.
2. Brief facts of the case are that on 20.03.2014, an FIR bearing no.122/2014 was registered under Section 354-B IPC at Police Station Civil Lines, Delhi on the statement of prosecutrix Ms. `P'. It was alleged that the petitioner had misbehaved and had insulted her and had torn clothes of the complainant. During the course of investigation, statement of Ms. `P. was recorded under Section 164 Cr.P.C on 25.03.2014. On the basis of statement of the complainant under Section 161 and 164 Cr.P.C. and other material on record, learned Magistrate had framed charge under Sections 354/354B IPC against the petitioner on 24.01.2015. During examination-in-ch
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....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
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....
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
The main legal point established in the judgment is the requirement for a prima facie case and the evaluation of material by the court before framing charges under sections 227 and 228 of the Cr.P.C.
The main legal point established is the requirement for the court to consider the materials before framing charges, especially in cases involving serious allegations.
Charges under Section 354 IPC cannot be sustained without evidence demonstrating intent to outrage modesty; however, a charge under Section 352 IPC was upheld based on allegations of using criminal f....
The absence of specific allegations against the petitioner regarding gang rape under Section 376D of the IPC necessitates the setting aside of the charge, reaffirming the need for prima facie evidenc....
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