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SWARANA KANTA SHARMA
State of NCT Delhi – Appellant
Versus
Laxmi Narayan @ Lalla – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant revision petition has been filed on behalf of the petitioner under Sections 397/401 read with 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') assailing the order on charge dated 24.02.2018passed by learned ASJ/Special Court POCSO, North West District, Rohini Court, New Delhi, arising out of FIR bearing no. 595/2016 registered at Police Station Vijay Vihar, North West District, Rohini Court, Delhi for offences punishable under Sections 376(n)/341/506/323/363/120B of Indian Penal Code, 1860 (`IPC') and Sections 4/17 of Protection of Children from Sexual Offences Act, 2012 (`POCSO').
2. Brief facts of the case are that respondent no.1 had kidnapped prosecutrix near Budh Vihar, Delhi and had forcibly established physical relations with her several times during the course of time in the year 2015 and had taken her to the house of respondent no. 4 in Dehgawan Village, Badayun, Uttar Pradesh and had kept prosecutrix locked in a room for 6 months and had thereafter locked herein the house of respondent no. 3 in Budh Vihar Phase-II. Further, again after 3 months, respondent no. 1 had brought prosecutrix to his own house in Budh Vihar Pha
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.
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 main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
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....
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
The necessity for grave suspicion and prima facie evidence to frame charges under Section 376 IPC.
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