MS. S Vs. STATE

JUDGEMENT

(1.) These criminal revision petitions have been preferred by the prosecutrix "S" as well as the State, assailing an order dtd. 19/3/2024 [hereafter "the impugned order"] passed by the learned Additional Sessions Judge, (S.F.T.C.)-01, Tis Hazari Courts, Delhi [hereafter "Sessions Court"], by way of which the accused Satya Prakash has been discharged in case arising out of FIR No. 388/2021, registered for offence punishable under Ss. 354/376/506 of the Indian Penal Code, 1860 [hereafter "IPC"] at Police Station Nangloi, Delhi.

(2.) Briefly stated, the facts of the present case are that the present FIR was registered on 18/6/2021, on the basis of the statement of the prosecutrix. The prosecutrix had alleged that two-three years prior to the date, she used to live with her husband and children in a flat situated in Mundka, Delhi; however, the maternal uncle of her husband i.e. accused Satya Prakash had fraudulently got the same registered in his name. She disclosed that in April 2021, her husband had got infected with Covid-19 and the accused Satya Prakash, had got her a room near Nangloi metro station, stating that her children and she may also contract Covid-19. Then the accused had started visiting her residence again and again, and deceptively, he had made her sign documents of her flat. Making further use of the opportunity, he had started doing "chhed-chhad" with her. She further stated that when her husband had returned from hospital, she had informed everything to him and they had started residing in Gurugram. The prosecutrix also alleged that earlier, when they used to live in Mundka, the accused never used to visit them; however, when her husband had got admitted in the hospital, the accused had started repeatedly visiting her after deceptively sending her at a room in Nangloi, and that he had "bad eyes upon her". The FIR was initially registered for offence under Sec. 354 of IPC.

(3.) In her statement recorded under Sec. 164 of Cr.P.C. the prosecutrix alleged that in April 2021, when her husband was infected with Covid-19 and admitted to the hospital, she had received a call from her husband's maternal uncle, the accused Satya Prakash. He had persuaded her to accompany him along with her children, assuring her that he would keep them safe from the infection. Concerned for the well-being of her minor children i.e. a six-year-old daughter and a two-and-a-half-year-old son, the prosecutrix had agreed and, at his behest, proceeded to Mundka Metro Station, from where they had boarded a bus to Uttam Nagar. The prosecutrix stated that they had stayed in Uttam Nagar for a day before being sent to Najafgarh, where two men, allegedly relatives of the accused, had attempted to molest her. They had allegedly touched her inappropriately on her chest and back and, when she had resisted, they had threatened to kill her children. Out of fear, she had remained silent and continued to stay there for a week. Subsequently, the accused Satya Prakash had taken her to a room near Nangloi Metro Station, where she was allegedly confined for 25 days. He had prohibited her from stepping out, warning her that he had stationed his men outside. Around 15/4/2021, the accused had separated her from her children and coerced her into transferring ownership of her flat in Mundka to his name, threatening that he would only release her children if she complied with his demand. Three men, including one who had whispered instructions to her, had then taken her to an office that was purportedly a registration center, where they had compelled her to sign documents. The prosecutrix further alleged that during her confinement in the room situated in Nangloi, the accused Satya Prakash had raped her multiple times, warning her that if she resisted, he would kill her children. She disclosed that she had eventually managed to approach the Nangloi Police Station and lodged a complaint on 18/6/2021; however, the police recorded the offence as "chhed-chhad" instead of the more serious allegations of "galat kaam".