STATE Vs. SAHIL CHOPRA

JUDGEMENT

(1.) The present petition has been preferred by the State, under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereafter ,,Cr.P.C.), seeking setting aside of the order on charge dtd. 20/9/2023 (hereafter ,,impugned order) passed by the learned Additional Sessions Judge, Patiala House Court, Delhi (hereafter ,,learned Sessions Court) in Sessions Case No. 306/2020, arising out of FIR No. 362/2020, dtd. 18/8/2020, registered under Ss. 376D/506/109 of the Indian Penal Code, 1860 (hereafter ,,IPC) at Police Station Kishan Garh, Delhi.

(2.) Briefly stated, the facts of the case, as evident from the records and the impugned order, are that the victim in the present case is a national of Uzbekistan and was residing at a rented accommodation with her friends. Allegedly, on 13/8/2020, she was alone in her house when the accused no. 1 and 2, namely Sahil Chopra and Baljeet Singh, had committed rape upon her. Thereafter, they had threatened her not to take any action against them. It is stated that the accused Shokkhnoza Trigarhera @ Shahnoz @ Shahnaj had instigated the other accused persons to commit rape. After completion of investigation, charge-sheet was filed against the said accused persons for offences under Ss. 376D/506/109 of IPC.

(3.) However, by way of impugned order dtd. 20/9/2023, the learned Sessions Court discharged all three accused persons in the present case. The conclusion of the learned Sessions Court, as recorded in the impugned order, is set out below: