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 committed rape upon her. Thereafter, they had threatened her not to take any action against them. It is stated that the accused Shokkhnoza Trigarhera @ Shahnoz @ Shahnaj had instigated the other accused persons to commit rape. After completion of