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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRABHU DAYAL – Appellant
Versus
STATE NCT OF DELHI – Respondent
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 May, 2016 was registered against the petitioner and other co-accused, and vide Order dated 13th March, 2020, the learned ASJ held that a prima facie case is made out against the petitioner under Sections 376D/323/354/427/452/395/509/149 of the Indian Penal Code, 1860 (hereinafter “IPC”).
4. Thereafter, vide Order dated 25th August, 2022, charges were framed against the petitioner along with other co-accused under Sections 323/354/376D/452/509/149/427/395 of the IPC. Aggrieved
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.
The voluntary nature of consent given by the prosecutrix in cases of sexual assault and the significance of the surrounding circumstances in determining the consent.
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