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MANISHA BATRA
Vijay Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Manisha Batra, J.
The present revision petition has been filed by the petitioner challenging the order dated 08.02.2023, passed by the Additional Sessions Judge, Panchkula in Sessions case No. SC/129/22, titled as State v. Vinod Kumar and others, arising out of FIR No. 193 dated 26.10.2021, registered under Sections 376, 323, 406, 498A, 120B, 506 and 511 of the IPC at Police Station Kalka, Panchkula.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a written complaint submitted by complainant Namrata Saklani alleging that she was married to accused Vinod Kumar on 09.05.2016. Shortly after her marriage, her husband and other members of her in-laws family had started harassing her on account of demand of dowry and she was subjected to mental as well physical cruelty. She further alleged that her husband was not fully capable of performing sexual activities and the present petitioner, who is her brother-in-law, was fully aware of this fact. He was keeping an evil eye upon her and had tried to sexually harass her. Sometimes, he used to peep inside bathroom when she was present t
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.
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....
At the charge stage, only a prima facie case is required; minor delays in reporting sexual offences do not discredit the victim's account.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
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