SHIV KUMAR @ SHIVA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Crl.M.A. No.10693/2015

(2.) Learned counsel for the petitioner has referred to the statement of the victim Islamuddin to show that he was not present when victim was allegedly brought to the room by Sunita and Pooja nor he had administered the tea allegedly containing some intoxicant. As per the said statement of the victim he received a call from a lady namely Sunita who was known to him. He was asked by her to reach near park Rishi Nagar, Rani Bagh. When he reached there, Sunita along with another lady Pooja came on scooty. He was sent alongwith Pooja on the scooty and Sunita followed them on foot.

(3.) The contention raised on behalf of the petitioner is that even on the basis of the above statement of the complainant neither Shiva was armed nor he had abducted the complainant Islamuddin or administered any intoxicant to him. Therefore, there is no material to frame charge against him for commission of the offence punishable under Section 364A/328/120B IPC.