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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 05.05.2025 + CRL.M.C. 2841/2022 & CRL.M.A. 1480/2025 MS XXX .....Petitioner Through: Ms. Smriti Sinha and Ms. Sara Shrawani Advocates versus STATE AND ANR & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with SI Clara Toppo, P.S. Tilak Marg.

Mr. Pinaki Addy, Ms. Priyanka Arora, Ms. Neetu Singh and Ms. Niraj Kumari, Advocates CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. The petitioner has approached this Court by way of this petition, seeking setting aside of the order dated 04.04.2022 [hereafter ‗impugned order‘] passed by the learned Additional Sessions Judge, Patiala House Court [hereafter ‗Sessions Court‘], in case arising out of FIR No. 101/2020, dated 28.11.2020, registered at Police Station Tilak Marg, Delhi, for the offences punishable under Sections 376/328/354/354A/354D/506/495 of the Indian Penal Code, CRL.M.C. 2841/2022 Page 1 of 23 Signature Not Verified Digitally Signed

1860 [hereafter ‗IPC‘].

2. The case arises in the following factual context. The petitioner, who is the victim/prosecutrix in this case, had lodged the complaint in question on 24.11.2020, wherein she had disclosed that she had met the accused (respondent no. 2 herein) via Facebook in 2013, who had introduced himself as an IAS officer, who used to help students in studies and that he was associated with many coaching institutes. Thereafter, the accused had started sending her vulgar messages and photographs along with the study material. Despite her objections to the vulgar content he shared, the accused continued to contact the prosecutrix through different numbers between 2013-2018. The prosecutrix alleged that in 2018, after being posted in Delhi, the accused persuaded her to prepare for UPSC and called her to Telangana Bhawan on 12.02.2018 on the pretext of giving study material. There, he had allegedly given her spiked coffee and sexually assaulted her. He later had threatened to circulate her intimate/obscene images, so as to coerce her for further meetings. On 23.05.2018, she was again allegedly sexually assaulted at Telangana Bhawan and thereafter in several hotels on several occasions. The prosecutrix further disclosed that on 14.02.2019, the accused had executed an affidavit promising to marry her, and on 21.08.2019, they had solemnized marriage at Arya Samaj Mandir, Patna and the next day, the accused had made physical relations with her in Delhi. However, a day thereafter, the accused had abandoned her in Delhi and left for Hyderabad. In February, 2020, the accused had come CRL.M.C. 2841/2022 Page 2 of 23 Signature Not Verified Digitally Signed back to Delhi and taken the prosecutrix to Agra, but after the start of Covid-19 pandemic, he had again left the prosecutrix in Delhi and gone back to Hyderabad. Thereafter, between June to August, 2020, the prosecutrix stayed with the accused in Hyderabad, wherein she discovered that the accused was already married, and was also having several other illicit relations. Allegedly, the accused had then assured her that he would seek divorce from his wife, and had also executed another notarized undertaking on 25.08.2020 admitting his subsisting marriage. However, the accused allegedly continued to harass and threaten the prosecutrix with dire consequences. On these allegations, the present FIR was registered.

3. During the course of investigation, the medical examination of the prosecutrix was conducted, and her statement was recorded under Section 164 of the Code of Criminal Procedure, 1973 [hereafter ‗Cr.P.C.‘]. On 09.12.2020, the accused joined the investigation. Further during investigation, the hotel stays were verified by the police and CCTV footage from the hotels were obtained. The mobile phones of the prosecutrix and the accused were also seized and sent for forensic analysis. Their Call Detail Records (CDRs) and phone location charts were also obtained and exa