STATE OF NCT OF DELHI Vs. SUMIT

JUDGEMENT

(1.) By virtue of the present petitions, filed under Sec. 397 of the Code of Criminal Procedure, 1973 "Cr.P.C." read with Sec. 482 of the Cr.P.C., the petitioner/ complainant/ prosecutrix "prosecutrix" as also the State, seek setting aside of the impugned order dtd. 31/5/2017 passed by the learned ASJ/ SFTC-02 (Central), Tis Hazari Courts, Delhi "learned Trial Court", whereby the accused/ respondent no.2/ respondent "respondent" was discharged of the offence under Sec. 376 of the Indian Penal Code, 1860 "IPC" arising out of FIR No.923/2015 dtd. 1/12/2015 registered at PS.: Timarpur, Delhi.

(2.) Since both petitions are arising from the very same impugned order dtd. 31/5/2017 and pertain to the same set of facts, they are being taken up together for disposal by this common judgment.

(3.) Succinctly put, the respondent works in Delhi Police as a constable and is a distant relative of the prosecutrix. It is noteworthy that the respondent was in a relationship with the prosecutrix for a period of two years. On 8/10/2015, due to the alleged emotional black mail, the prosecutrix came from Ghaziabad to Delhi to meet the respondent and thereafter went to his rented accommodation situated at Nehru Vihar, Delhi with him. There, the respondent professed his love for the prosecutrix and assured to marry her. Relying on promise of marriage, he established physical relations with the prosecutrix, however, the prosecutrix became distressed and confronted him by stating that he had acted wrongly, the respondent, albeit, reiterated that he would marry her. After this, the respondent dropped the prosecutrix at Ghaziabad at about 10:00 P.M. after assuring her once again of his intention to marry her.