State of Haryana vs Karan Sachdeva - 2023 Supreme(P&H) 2734

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2734

G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
State of Haryana – Appellant
Versus
Karan Sachdeva – Respondent

Advocates Appeared:
For the Respondents: Mr. Ankur Mittal, Addl. A.G. Haryana & Mr. Saurabh Mago, AAG, Haryana.

Table of Content
1. leave to appeal against acquittal. (Para 1)
2. trial court granted acquittal. (Para 3)
3. arguments regarding the promise of marriage. (Para 4 , 12 , 15)
4. court observations on evidence and consent. (Para 5 , 6 , 7 , 8 , 10 , 11 , 13 , 14 , 18 , 19)
5. legal standards from precedent cases. (Para 16 , 17)
6. dismissal of appeal. (Para 20)

JUDGMENT

Harpreet Kaur Jeewan, J. - The State has filed an application under Section 378(3) Cr.P.C. seeking leave to appeal, challenging the findings of acquittal recorded by Addl. District & Sessions Judge, Fast Track Court at Sonepat, whereby the respondent-Karan Sachdeva was acquitted of the charges framed against him in FIR No.122 dated 13.04.2018 under Section 376 IPC registered at Police Station Murthal, Sonepat.

2.1 Prosecution story in brief is that, the prosecutrix (name withheld) used to reside along with her father and brother in L-215, Shastri Colony, Delhi. The prosecutrix is about 24 years old, she had studied up to B.A. and doing a job. The respondent-accused sent a friend request to her on Facebook in the year 2015 and they started talking to each other. They also used to talk to each other on phone. The accused call