ANAND KAUSHAL Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 01.08.2019 passed by the learned ASJ (hereafter 'the impugned order'), whereby a charge of committing an offence under Section 376(2)(n) of the IPC was framed against the petitioner. The petitioner is being prosecuted pursuant to FIR No.263/2018, under Section 376 of the IPC, registered with PS Vasant Kunj South. The FIR

(2.) The said FIR was registered at the instance of Ms 'M' (name concealed to avoid ignominy). She had stated that at the material time, she was married but was living separately from her husband. They were in the process of seeking a divorce and the First Motion in their divorce petition had been allowed.

(3.) M stated that she was familiar with the petitioner since February, 2016 (that is prior to her marriage). She stated that after separation from her husband in November, 2016, the petitioner had started having frequent conversations with her and had become close to her. She stated that she had told him that she was not divorced as yet and, therefore, there would be no purpose in developing a relationship with him. However, he had expressed his love for her and had represented that he would marry her after she had secured a divorce from her husband. She alleged that he had stated that he would wait for her. She claimed that because of the love and affection shown by him, she believed him. And, a close relationship developed between them. She stated that in the month of February- March, 2017, the petitioner had taken her to Hotel Odean Continental and established physical relationship with her on the pretext that he would marry her after her divorce. She stated that thereafter, on various occasions, both of them visited several different hotels where they had established physical relationship. She stated that they engaged in sexual relations for the last time on 14.02.2018 at Aravalli Inn, Masoodpur, Vasant Kunj, New Delhi.