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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 |
|---|
| 1. petitioner seeks discharge in a sexual assault case. (Para 1) |
JUDGMENT :
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.
3. On the basis of these allegations, the present FIR was registered and the statement of the prosecutrix under Section 164 of the Code of Criminal Procedure, 1973 [hereafter"Cr.P.C.‟] was recorded.
5. On the other hand, the learned APP for the State submits that Section 164 A of Cr.P.C. pertains to the medical examination of a rape victim and that the prosecutrix was in fact medically examined, as per law. He submits that her refusal to undergo internal examination does n
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Consent in intimate relationships cannot be retrospectively withdrawn; criminal law should protect, not punish based on failed relationships.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....
At discharge stage, material contradictions in prosecutrix statements, lack of medical corroboration, and inconsistent theft allegations justify discharge if no prima facie case, preventing abuse of ....
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