The judgment emphasizes the importance of prima facie material in framing charges and highlights the need for evidence to support allegations of criminal acts.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Section 397/401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside order dated 06.05.2019 passed by learned Additional Sessions Judge, Special Fast Track Court, South-East, Saket Courts, New Delhi (`Trial Court') whereby charges have been framed against him under Sections 506/509 of Indian Penal Code, 1860 (`IPC').

2. The present FIR was registered on the basis of complaint lodged by the prosecutrix wherein she had alleged that she had received a friend request on Facebook from accused Chandan Vaid and since the accused's sister was follower of her Guruji also, she had accepted his friend request and thereafter, the accused had started sending messages to her. After some time, the prosecutrix had given her mobile number to the accused on his asking and the accused had also shared his mobile number and they had started talking to each other. It was alleged that on 10.03.2017, the accused had called her for Holi celebration near Indraprastha Park and there he had informed the prosecutrix that he always wanted a girl who believed in Guruji and he had put red colour in the parting of prosecutrix stating that he was now his wife and he would not deceive her. However, the prosecutrix had removed the colour from the parting and had told him that how she can marry the accused without knowing him. Thereafter, they both had started meeting each other. It was stated that on the insistence of the accused to see her house, the accused had come to her house for the first time on 02.04.2017 and had consumed prasad of Guruji and had promised to take the prosecutrix as his wife. Again on 09.04.2017, he had visited her house and had assured her that he will marry her and that he was Brahmin by caste and there was a Mandir in his house and she had to look after the same. Hearing all this, the prosecutrix had started believing him. It was alleged that on 22.04.2017 at about 9 PM, the accused had come to her house along with chocolate, ice-cream and cold drink and had made the prosecutrix consume the same, after which, she had started feeling dizziness. Thereafter, she had gone inside her room and had fallen unconscious and when she had got up at around 2-3 AM, she had realised that she had been raped by the accused. But the accused Chandan Vaid had assured her that he loved her and would soon perform marriage with her after getting his divorce finalised. Thereafter, the accused had kept on making physical relations with the prosecutrix due to which she had got pregnant. The accused had then pressurized her for abortion and upon her refusal, on 24.06.2017 at about 9:00 AM, the accused had come to her house and had badly beaten her up and had thrown the household articles. Due to this, the prosecutrix had got severe pain in her abdomen and the accused had taken her to Guru Nank Hospital, Palwal where the doctor had informed about her miscarriage. However, the accused had got her discharged from the hospital against the advice of the doctor and had left the prosecutrix at her house. Thereafter, he had continued to make physical relations with her on the false pretext of marriage and had stated that he will perform marriage after the finalization of second motion of divorce fixed in the court on 19.09.2017. Thereafter on 21.12.2017, accused had informed the prosecutrix that his divorce has not taken place as he has compromised the matter with his wife. The accused had also asked the prosecutrix to forget him whereupon the prosecutrix had stated that she would take action against him. Thereafter, the accused had criminally intimidated her and even his father and sister had given threats to the prosecutrix, and had also abused her and passed indecent comments. On these allegations, the present FIR was registered on 11.01.2018. The accused Chandan Vaid was arrested on 12.01.2018.

3. During investigation, the statement of pros