GEETA SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of this petition, petitioner is seeking leave to appeal against judgment and order of acquittal dated 21st March, 2016 passed by the learned Addl. Sessions Judge, Tis Hazari Courts, New Delhi in Sessions Case No. 16/16 arising out of FIR No.163/2015 registered at P.S. Patel Nagar. In the above noted case, respondent No.2, Saurabh Upadhyay was charged for committing the offence punishable under Sections 328/376 IPC.

(2.) Learned counsel for the petitioner has submitted that petitioner has made the statement before the learned Trial Court as she was persuaded to do so by the respondent No.2/accused and she has now also filed a criminal complaint against him under Sections 406/498-A IPC. Learned counsel for the petitioner has also relied upon one decision of Honourable Supreme Court reported as Bablu Kumar & Another Vs. State of Bihar & Another, (2015) 8 SCC 787 in support of his submissions urging this Court to ensure fair trial in the matter and justice to the petitioner who has been misled by the respondent No.

(3.) Learned counsel for the petitioner further submits that accused has also not been examined under Sec. 313 Cr.P.C.