ASHOK CHAWLA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 for setting aside the order on charge dated 19.08.2014 passed by learned Additional Sessions Judge in case FIR No. 34/2013 dated 20.03.2013 under Section 376/354 IPC Police Station South Campus.

(2.) Before dealing with the rival submissions of learned counsel for the parties, a brief reference to the relevant facts of the case leading to the registration of the FIR is necessary.

(3.) On receipt of DD No.30A dated 20.03.2013 WSI Pritima alongwith Constable Sudhir Maan reached at E-6, Anand Niketan, New Delhi where complainant Manisha met her and submitted a written complaint regarding commission of rape on her. In the complaint, complainant alleged that she is residing at house no. 202, R.K.Apartment, Patparganj, Delhi alongwith her 17 years old daughter Upasana since last one year and working as a Remiser in Geojit BP Paribas Company. In the year 2007, divorce took place between her and her husband. She knew Ashok Chawla through Jeevansathi.com since the year 2007. She was on talking terms with him and also used to visit his house.