NEUTRAL CITATION NO. 2023/DHC/001668

CRL.REV.P. 93/2018

Page 1 of 12

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 12.12.2022

Pronounced on: 06.03.2023

+

CRL.REV.P. 93/2018

STATE (NCT OF DELHI)

..... Petitioner

Through:

Mr. Manoj Pant, APP for State

with SI Pradeep Kumar, P.S.

Mandawali.

versus

VIPIN SHARMA

..... Respondent

Through:

Ms.

Upasana

Verma,

Proxy

counsel

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present petition has been filed under Section 397 read with

Section 482 of the Code of Criminal Procedure, 1973, by the

petitioner/State assailing the order dated 26.10.2017 passed by learned

Additional Sessions Judge-01, East District, Karkardooma Courts, Delhi

(„Trial Court‟) whereby respondent has been discharged for the offences

punishable under Sections 363/376 of Indian Penal Code, 1860 („IPC‟)

and Section 4 of Prevention of Children from Sexual Offences, Act,

2012 („POCSO Act‟), in case FIR bearing no. 366/2017 registered at

Police Station Mandawali, Delhi.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:07.03.2023

17:57:34

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/001668

CRL.REV.P. 93/2018

Page 2 of 12

2.

The prosecution case, in brief, is that the victim, aged about 14

years, had gone missing from her house on 16.08.2017. On the basis of

missing complaint lodged by the victim‟s father, present FIR was

initially registered under Section 363 of IPC on 17.08.2017. The victim,

however, herself came to the police station on 20.08.2017 and informed

the Investigating Officer (IO) that she had developed liking for the

respondent/accused and on 16.08.2017, she had left with him on the

pretext that she was going to her relative‟s house, but she had stayed

with the accused in the house of his friend and both of them had planned

to get married. It was further stated by victim that the accused had

thereafter put sindoor on her forehead and both of them had consensual

physical relationship thereafter. The statement of the victim was

recorded under Section 164 of Cr.P.C. wherein it was stated that she had

voluntarily gone with the accused on several occasions and that her

relationship with the respondent was consensual. Charge-sheet was filed

and the following order on charge was passed vide which the respondent

has been discharged:

“The statement of the victim was also recorded u/s 164

Cr.P.C. in which she again repeated voluntarily going with

the accused, performing of marriage and existence of

physical relationship with him. The victim specifically

stated that everything was done with her own consent and

there was no pressure of any type from the side of the

accused. She showed inclination to perform proper

marriage with the accused after completion of her studies.

This statement u/s 164 Cr. P.C. totally rule out the

involvement of the accused in kidnapping or raping the

victim. Infact, the victim has exonerated the accused.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:07.03.2023

17:57:34

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/001668

CRL.REV.P. 93/2018

Page 3 of 12

From the facts of the prosecution case, it is clear that the

victim herself left the house of her parents and gone with

the accused as she was in love with him. Thereafter, victim

had made sexual relationship with the accused after some

marriage. Though the marriage took place only by putting

a sindoor on the forehead of the victim and cannot be

treated as a valid and legal marriage but both understood

the same as completion of formalities of the marriage. It is

not the case of the prosecution that accused intentionally

performed a fake marriage only to sexually exploit the

victim. Infact it was a case of running from the house and

enjoying sex due to love affairs with intention to marry.

The date of birth of the victim is 27.02.2003 which means

that on the date of incident, sh