STATE Vs. SUMIT PHOGAT

JUDGEMENT

(1.) The State has filed the present petition seeking leave to appeal against a judgment dated 18.09.2019, whereby the Additional Sessions Judge, FTC, Patiala House Courts had acquitted the respondent of the offences under Sections 376/506 of the IPC. The State contends that the Trial Court had erred in not appreciating that the testimony of the victim had been consistent with reference to the fact that the respondent had tried to establish physical relationship with the victim on the threat of disseminating an obscene video and distressed by such threats, the victim had jumped from the terrace/fourth floor of a building and fractured her legs.

(2.) The case of the prosecution is that the victim was friends with the respondent since 2012. On 11.05.2014, the respondent had taken her to Gurgaon on the pretext that he had to return some articles to his cousin brother - Amit. The victim alleged that on the said date, the respondent had established physical relations with her by promising her that he would marry her. On 21.05.2014, the respondent told her that a video had been made of them in a compromising position and that the said video was in the custody of his brother Amit. The said revelation shocked her and she tried to commit suicide. However, the respondent persuaded her not to do so by promising to marry her. The victim also alleged that on 23.05.2014 at about 4:30 am, the respondent called her to the terrace and allegedly harassed her by trying to touch her in an inappropriate manner. To avoid such harassment, the victim jumped from the terrace.

(3.) Thereafter, the victim made a complaint and consequently, FIR No. 1038/2014 under Sections 376/506 of the IPC was registered with PS Vasant Vihar. Subsequently, charges under Sections 376/506 of the IPC were framed and the respondent pleaded not guilty to the said charges and the matter was set down for trial.