VIVEK CHANDELA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present revision petition, the petitioner seeks setting aside of the order dtd. 4/6/2024 [hereafter 'impugned order'] passed by the learned Additional Sessions Judge, Special Fast Track Court, New Delhi District, Patiala House Courts, Delhi [hereafter 'Trial Court'] vide which charges were framed against the revisionist for offence punishable under Ss. 328/376D/354C of the Indian Penal Code, 1860 [hereafter 'IPC'], Sec. 66E of Information Technology Act, 200 [hereafter 'IT Act'] read with Sec. 34 of IPC, Sec. 67A of IT Act and Sec. 201/174A of IPC.

(2.) The brief facts of the case, as per prosecution, are that on 29/9/2018, the victim had been called by one Ankit Jain and the revisionist Vivek Chandela to Twin Tree Hotel, Naraina, Delhi, for the purpose of having a party. On the same day, he had picked up the victim from Subhash Nagar Metro Station and had taken her to the said hotel in his car, where she had been accompanied by another girl, 'G'. After reaching the said hotel, at about 8:00"9:00 PM, Ankit Jain and the revisionist herein had allegedly forced the victim to consume alcohol. Thereafter, under the influence of alcohol, both Ankit Jain and the revisionist had forcibly established sexual relations with the victim and had also recorded a video of the said act. The victim, in her complaint, had alleged that she had come to know about the said video when both Ankit Jain and the revisionist had threatened to make the said video public. Therefore, on 19/10/2018, the victim had filed a complaint at Police Station Naraina, and the present FIR was registered on 20/10/2018 against co-accused Ankit Jain and the present revisionist Vivek Chandela for offence punishable under Ss. 376D/506 of IPC, and the accused persons were arrested.

(3.) The record reveals that the revisionist herein had absconded and had later been declared a proclaimed offender by the learned Metropolitan Magistrate vide order dtd. 22/4/2019. After completion of investigation, chargesheet had been filed against the accused persons, and charges had been framed against co-accused Ankit Jain. During the pendency of the trial, the victim had been examined, cross-examined, and discharged by the learned Trial Court. However, later i.e. on 28/7/2022, the revisionist Vivek Chandela was arrested, and the supplementary chargesheet was filed against him.