RAJPAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 Cr.P.C. for setting aside the order dtd. 3/12/2021 passed by the learned District and Session Judge, Dwarka dismissing the Criminal Revision No. 134/2021, which was filed by the present petitioner.

(2.) Notice was issued. Status Report has been filed. It has been submitted in the Status Report that the accused Sunil had taken a loan of Rs.6.7 lacs from the prosecutrix. When the prosecutrix was alone in her house in January, 2021, Sunil forcibly made physical relation with her and thereafter on 2/4/2021, Sunil called the prosecutrix to his clinic at Charkhi Dadri, Haryana on the pretest of returning the money. Sunil told the complainant that Rajpal (petitioner) was coming with money and after half an hour, the present petitioner arrived there; they offered cold drink to prosecutrix; after having cold drink, she lost her consciousness and at about 11 p.m., when she regained her consciousness, she found herself in naked condition and both Sunil and the petitioner were present there and they told the complainant that they had done wrong act with her and they had also made a video of the same and in case she disclosed the incident, they would viral the said video. The present petitioner is also alleged to have threatened the complainant that he was posted at SP office, so she could not do anything against them and thereafter they threw her from first floor and when she regained her consciousness, she found herself admitted in Oscar Hospital, Dadri. One person, namely Shivam was keeping a watch regularly on her and hence she lodged a complaint later on and present case FIR no. 311/2021 dtd. 5/7/2021 under Ss. 376D/328/307/420/506/34 IPC was accordingly registered.

(3.) Written synopsis were submitted by the present petitioner on the same lines. Arguments heard.