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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Sachindra Priyadarshi – Appellant
Versus
State Of NCT of Delhi – Respondent
| Table of Content |
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| 1. petitioner seeks discharge in a sexual assault case. (Para 1) |
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The petitioner-accused, by way of this petition, prays for discharge in Sessions Case No. 124/2020, arising out of FIR No. 387/2019, registered at Police Station Mandawali, Delhi, for commission of offence punishable under Sections 328 /376/323/506 of the Indian Penal Code, 1860 [hereafter "IPC‟], and seeks setting aside of order dated 10.01.2024 [hereafter "impugned order‟] passed by the learned Additional Sessions Judge (FTSC) (RC), East, Karkardooma Courts, Delhi [hereafter "Sessions Court‟] vide which charges have been framed against the petitioner for offence under Sections 328, 376(2)(n), 323, 506(II), 313 of the IPC.
2. As per the case of the prosecution, the prosecutrix lodged a written complaint on 29.11.2019 at the concerned Police Station alleging that on 22.09.2018, the petitioner, who was her colleague at her workplace, had invited her to his residence for a party. Upon arrival, she had found only the petitioner present, who had offered her a cold drink, which she had initially declined but later consumed upon his insistence. According to the prosecutrix,
Charges in sexual assault cases can be framed based solely on the victim's statements without internal medical examination compliance.
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.
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.
At the charge stage, only a prima facie case is required; minor delays in reporting sexual offences do not discredit the victim's account.
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....
Consent in intimate relationships cannot be retrospectively withdrawn; criminal law should protect, not punish based on failed relationships.
The main legal point established in the judgment is the need to avoid gender-based presumptions in the legal process unless provided by law and to assess each individual's involvement in a criminal a....
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