NEUTRAL CITATION No. 2023:DHC: 2774

CRL.REV.P. 28/2023

Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 10.01.2023

Pronounced on: 18.04.2023

+

CRL.REV.P. 28/2023

JITENDER KUMAR

..... Petitioner

Through:

Mr. Rajeev Mohan, Ms. Nitika

Pancholi and Mr. Nishant

Madan, Advocates.

versus

STATE (NCT) OF DELHI & ORS.

..... Respondents

Through:

Mr. Manoj Pant, APP for the

State with SI Manju Yadav,

P.S. Tilak Nagar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present revision petition filed under Section 397/401 of Code

of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) impugns the order

on charge dated 07.09.2022 and the order framing charge dated

09.09.2022 passed by learned Additional Sessions Judge (POCSO)-

06,West District, Tis Hazari Courts, New Delhi (hereinafter ‘Trial

Court’) in Sessions Case No. 246/2022, whereby charges were framed

against the petitioner for the offences punishable under Sections

323/354/506/34/354B/509 of Indian Penal Code, 1860 (hereinafter

‘IPC’) and under Section 12 of Protection of Children from Sexual

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:25.04.2023

19:17:07

Signature Not Verified

NEUTRAL CITATION No. 2023:DHC: 2774

CRL.REV.P. 28/2023

Page 2 of 12

Offences Act, 2012 (hereinafter ‘POCSO Act’) in case FIR bearing no.

282/2022, registered at Police Station Tilak Nagar, New Delhi.

2.

By way of present petition, the petitioner assails only the charges

framed by the learned Trial Court under Section 509 IPC and Section 12

POCSO Act.

3.

The case of prosecution is that on 16.02.2022, at about 10:45

AM, when the husband of the complainant/respondent no. 2 was leaving

for work, the petitioner‟s wife had stopped him and had started hurling

abuses at him. Upon him rejecting to such behaviour, the petitioner‟s

wife had started creating a ruckus and had called the petitioner and their

daughter downstairs and all of them had abused the complainant‟s

husband. It was further alleged by the complainant „RK‟ that upon

hearing the commotion, she had gone downstairs where she had seen the

petitioner and his family members giving beatings to her husband. She

had also alleged that the petitioner had intentionally grabbed her and

touched her chest inappropriately while she was trying to save her

husband from their clutches, and had also threatened the complainant.

Upon receipt of information, the concerned police officials had visited

the place of incident where it was disclosed that the families used to

reside in the same apartment complex and a quarrel had broken out

between them on the issue of parking. Thereafter, all the parties were

sent to DUU Hospital for medical examination, subsequent to which, a

complaint was submitted by the complainant/respondent no. 2 to the

police on the basis of which present FIR was registered under Sections

323/341/354/506/34 IPC.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:25.04.2023

19:17:07

Signature Not Verified

NEUTRAL CITATION No. 2023:DHC: 2774

CRL.REV.P. 28/2023

Page 3 of 12

4.

During the course of investigation, statement of the complainant

„RK‟ was recorded under Section 164 Cr.P.C. along with the statements

of witnesses „KB‟ and „SG‟ on 25.02.2022 whereby allegations of

beating and making obscene gestures were levelled against the

petitioner by all of them. Further, „KB‟ in her statement also stated that

the petitioner on a prior occasion had misbehaved with her elder

daughter i.e. respondent no. 3/minor victim. Thereafter, the statement of

minor victim „B‟, aged around 8 years, was recorded under section 164

Cr.P.C. on 21.03.2022 whereby she had stated that on some prior

occasion, while she had been cycling in the parking area of apartment

complex in presence of her mother who was sitting near the staircase,

the petitioner had come downstairs and had made obsc