STATE Vs. SACHIN SINGH

JUDGEMENT

(1.) The present petition under Sec. 397 read with Sec. 401(5) of the Criminal Procedure Code, 1973 ('CrPC') has been preferred by the State against the order dtd. 15/9/2018, passed by Shri Shailender Malik, learned Additional Sessions Judge (FTC), North West District, Rohini Courts, Delhi, whereby the respondent nos. 2 and 4 have been discharged under Sec. 376/511 of the Indian Penal Code, 1980 ("IPC").

(2.) Briefly stated, the facts of the present case are as under:

(3.) The learned APP for the State submits that at the stage of framing of charges, the learned Court is not required to weigh evidence but only consider the prima facie allegations made by the victim/complainant. In the present case, specific allegations have been made by the victim/complainant against respondent no. 2 and 4, with regard to attempt of rape on two difference instances.