RAJAT RANA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Ss. 397, 406 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') challenging the order dtd. 1/8/2022 passed by the learned Additional Sessions Judge (Spl. FTC), in Case No.SC No.358/2022, titled State v. Rajat Rana, framing charges under Ss. 376/354C/384/506(Part-I) of the Indian Penal Code, 1860 (in short, 'IPC') against the petitioner, herein.

(2.) It is the case of the prosecution that on 14/3/2022, a complaint was received from the prosecutrix at Police Station: Jaitpur, alleging therein that she had met the accused/petitioner herein in Lajpat Nagar. He had promised to get her a job. The prosecutrix further alleged that between 15 to 18/1/2022, the petitioner came to her house at Jaitpur and sexually assaulted her. She further stated that the petitioner also started extorting money and gold from her on threat of having certain obscene photographs and videos of her on his mobile phone and laptop. Subsequently, on the basis of the above complaint, FIR No.0174/2022 dtd. 14/3/2022 was registered at Police Station: Jaitpur, South East District for offence under Ss. 376/506 of the IPC. Upon completion of the investigation, the charge-sheet was filed, and by way of the Impugned Order, charges have been framed against the petitioner.

(3.) The learned counsel for the petitioner submits that the FIR and the charge-sheet are based on the false and baseless allegations against the petitioner, and are without mentioning any particulars in the same. He submits that, while in the FIR, it is stated that the petitioner had committed sexual assault on the prosecutrix between 15th to 18/1/2022, in her statement recorded under Sec. 161 of the Cr. P.C., the prosecutrix stated that sexual assault had taken place between 17th and 18/1/2022.