STATE Vs. PRAMOD KUMAR

JUDGEMENT

(1.) The petitioner i.e. the State through instant petition, filed under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure Code, 1973, seeking setting aside of order dtd. 23/7/2018 passed by learned ASJ/SFTC-2 (Central), Tis Hazari Courts, Delhi in case No. 283/2018 titled as'State v. Pramod Kumar' in FIR bearing no. 122/2017, Police Station DBG Road, and direct framing of charges against the respondent and consequent trial in accordance with law. FACTUAL MATRIX

(2.) The brief facts of the case are that on 6/7/2017, a complaint was received at Police Station DBG Road by the Complainant ('X'), who is aged about 24 years. It was alleged in the complaint that the Complainant was unmarried and residing with her widowed mother. The complainant and her mother were stated to be doing the work of selling of boiled eggs and omelet on rehri in front of MCD office DBG Road.

(3.) The accused/Respondent was appointed as beat officer in that area. The complainant came into contact with the accused and later accused developed talking terms with her. It was alleged that the accused made a false promise of marriage to the complainant and on that basis, respondent outraged complainant's modesty a number of times and started playing with her emotions and body. Accused used to follow her to the gym and yoga classes. It was further alleged that on six occasions, the accused had taken the complainant to the khander of Dev Nagar, behind Liberty Cinema and did oral sex with her. It was further alleged that on 10/4/2017, the accused entered into her house in drunken condition and performed sexual intercourse and raped her without her consent.