HAJI MOHD. ALTAF Vs. STATE

JUDGEMENT

(1.) The petitioner-accused, who is an advocate by profession, alongwith three others is facing trial in Sessions Case No.141/1/10, arising out of FIR No. 852/2000 registered on 29th August, 2000 at Rajouri Garden Police Station, for the commission of offences punishable under Section 120-B IPC, Sections 193/195/196 r/w Section 120-B IPC, Section 389 r/w 120-B IPC and Section 218 r/w Section 120-B IPC. Charges for these offences were ordered to be framed against the four accused persons by the learned Additional Sessions Judge vide order dated 18th August, 2007. Only the petitioner-accused felt aggrieved by the trial Court's order framing these charges against him and so he filed the present revision petition and sought his discharge.

(2.) The prosecution evidence is being recorded in the trial Court since the prayer of the petitioner-accused made in this petition for stay of the trial was not accepted by this Court and all the material witnesses were stated to have already been examined.

(3.) The relevant facts, which only need to be noticed for the disposal of this petition are that on 29th August, 2000 a case of gang rape of PW-1 was registered vide FIR No. 852/2000 at Rajouri Garden police station on 30th August,2000 . One Sushil Gulati was arrested for the commission of the said offence which was allegedly committed on 29th August, 2000. However, after his arrest the investigation of the case came to be transferred to the Crime Branch of Delhi Police on 3rd September, 2000. During the investigation conducted by the Crime Branch it was found out that the said Sushil Gulati was, in fact, falsely implicated by PW-1 in conspiracy with the present petitioner-accused who during those days was an Inspector in the Delhi Police and was involved in a case under Section 354 IPC in which the said Sushil Gulati was a witness against him and so the petitioner-accused wanted to take revenge by implicating Sushil Gulati in a false case of heinous offence of gang rape. On 9th April, 2001 Sushil Gulati was got discharged by the police from the Court of the Metropolitan Magistrate and the present petitioner and three others were arrested and charge-sheeted for the offences noted already. Sushil Gulati and the girl who had earlier got him implicated in this case for having raped her with two others in the evening of 29th August, 2000 were cited as the prosecution witnesses. One of the four charge-sheeted accused expired after the commitment of the case to Sessions Court but before the trial court could examine the case on the point of charge. So, the trial Court ordered framing of charges against the remaining three accused persons.