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IN THE HIGH COURT OF DELHI AT NEW DELHI
THE STATE (GNCT OF DELHI) – Appellant
Versus
SAHIL CHOPRA & ORS. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. court's analysis and reasoning (Para 3 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments presented by state and respondents (Para 4 , 5 , 6) |
| 4. final conclusion and order (Para 13 , 14 , 15) |
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. The present petition has been preferred by the State, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereafter "Cr.P.C.") seeking setting aside of the order on charge dated 20.09.2023 (hereafter "impugned order") passed by the learned Additional Sessions Judge, Patiala House Court, Delhi (hereafter "learned Sessions Court") in Sessions Case No. 306/2020, arising out of FIR No. 362/2020, dated 18.08.2020, registered under Sections 376D/506/109 of the Indian Penal Code, 1860 (hereafter "IPC") at Police Station Kishan Garh, Delhi.
2. Briefly stated, the facts of the case, as evident from the records and the impugned order, are that the victim in the present case is a national of Uzbekistan and was residing at a rented accommodation with her friends. Allegedly, on 13.08.2020, she was alone in her house when the accused no. 1 and 2, namely Sahil Chopra and Baljeet Singh, had com
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.
Charges in sexual assault cases can be framed based solely on the victim's statements without internal medical examination compliance.
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 ....
Consent in intimate relationships cannot be retrospectively withdrawn; criminal law should protect, not punish based on failed relationships.
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....
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 court established that mere suspicion is insufficient for charge framing; only a prima facie case based on the victim's statements justifies proceeding under criminal statutes.
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....
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
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