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IN THE HIGH COURT OF DELHI AT NEW DELHI
KANWALJEET DHAMMI – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. challenge to formal charge under crpc. (Para 1 , 2) |
| 2. detailed factual background of allegations. (Para 3) |
| 3. arguments on delay and lack of evidence. (Para 4 , 5 , 6 , 7 , 8) |
| 4. prosecution counters defense arguments. (Para 10 , 11 , 12) |
| 5. scope of high court in revisional jurisdiction. (Para 14 , 15 , 16) |
| 6. criteria for framing charges under crpc. (Para 17 , 18 , 19 , 20 , 21) |
| 7. judicial scrutiny of allegations and evidence. (Para 22 , 28 , 29 , 30) |
| 8. discharge of petitioner and conclusion of case. (Para 35 , 36) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition is filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) challenging the order dated 30.09.2022, passed by the learned Trial Court, in SC No. 67/2021 arising out of FIR No. 724/2020, registered at Police Station Paschim Vihar West, whereby formal charge for the offences punishable under Sections 376(2)(n)/506 of the Indian Penal Code, 1860 (‘IPC’) was framed against the petitioner.
2. At the outset, it is noted that the name of the prosecutrix has erroneously not been masked in the case record as well as order dated 06.01.2023, passed by a Cordinate Bench in the matt
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 strong suspicion based on material evidence to proceed with framing charges in criminal cases, and the duty of the Court to c....
Point of Law : Criminal Law - Gang Rape - Charge can be quashed if evidence which the prosecutor proposes to adduce to prove guilt of accused, even if fully accepted before it is challenged by cross-....
The material collected during the investigation prima facie disclosed the commission of the said offences against the petitioner. The court also observed that the offences subject matter of the trial....
The main legal point established is the requirement of grave suspicion to frame charges, the significance of tower locations and call detail records in establishing presence, and the importance of as....
Consent in intimate relationships cannot be retrospectively withdrawn; criminal law should protect, not punish based on failed relationships.
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 court established that trivial allegations lacking substantial corroboration do not justify criminal proceedings, warranting quashing of FIR and charges framed against the accused.
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