XYZ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal under Sec. 413 of Bhartiya Nagrik Suraksha Sanhita, 2023 (the BNSS) read with 372 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), has been filed by the prosecutrix in Sessions Case No.278/2024 on the file of the Additional Sessions Judge, Special Fast Track Court, South-East District, Saket Courts, Delhi, challenging the order dtd. 2/8/2024, as per which the accused i.e. the respondent herein, has been discharged of the offence punishable under Sec. 376 of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that the appellant had given her gold articles to the accused (respondent no. 2 herein) and when she demanded those articles back, the latter asked her to establish physical relations with him. The accused/respondent no. 2 established physical relations with the appellant, against her will. Hence, the accused/respondent no. 2 as per the chargesheet/judgment is alleged to have committed the offence punishable under Sec. 376 IPC.

(3.) Based on the information given by the prosecutrix on 16/1/2023, crime no. 7/2023,Police Station Greater Kailash, was registered. Investigation was conducted into the crime and upon completion of the same, the chargesheet/final report was submitted before the Court, alleging the commission of the offence punishable under the aforementioned Sec. .