MEENU SRIVASTVA Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner has been charged under Sections 363, 366 and Section 376 read with Section 34 of the Indian Penal Code. I am told by the counsel that though through this petition the petitioner has sought quashing of all the charges, she is now confining her relief to charges framed under Sections 366 and 376 read with Section 34 only.

(2.) Is any prima facie case made out against the petitioner with regard to charges framed under Sections 366 and 376 read with Section 34 of the Penal Code.

(3.) I have been taken through the material under Section 173 of the Code of Criminal Procedure. Significantly in her statement under Section 161 of the Code, the prosecutrix says not a word against the petitioner. In fact even her name does not figure anywhere. It surfaces for the first time only in the statement recorded under Section 164 of the Code. The prosecutrix alleges therein that the petitioner had coaxed her to accompany Narain for visiting some places and for enabling him to buy clothes for her. No further role is assigned to her. There is thus no material to prima facie show that the petitioner, intended or knew it to be likely that the prosecutrix would either be compelled to marry any person or would be seduced or forced to illicit intercourse.