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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRABHU DAYAL – Appellant
Versus
STATE NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. filing of revision petition concerning orders. (Para 1 , 2 , 3 , 4) |
| 2. arguments against framing charges under ipc 376d. (Para 5 , 6 , 7 , 8) |
| 3. prosecution's stance on charge framing. (Para 10 , 11 , 12) |
| 4. legal principles for framing charges. (Para 13 , 14) |
| 5. analysis of statements for charge under ipc 376d. (Para 15 , 17 , 21 , 22 , 23) |
| 6. reiteration of charge requirements under ipc 376d. (Para 16 , 18) |
| 7. court's final ruling on charges. (Para 24 , 26 , 27) |
ORDER :
1. The instant revision petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) seeking setting aside of the Order dated 13th March, 2020 and Order dated 25th August, 2022 qua the petitioner passed by the learned Additional Sessions Judge, South East District, New Delhi (hereinafter “ASJ”).
2. The brief facts of the case are that the petitioner along with other co- accused entered the house of the prosecutrix and allegedly physically assaulted the prosecutrix and her family members. It is also alleged that the petitioner misbehaved with the prosecutrix and took away valuable articles from her house.
3. Accordingly, the instant FIR dated 7th
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....
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
At the charge framing stage, only a prima facie case must be established, allowing for charges to be framed based on strong suspicion without detailed evaluation of evidence.
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 ....
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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