SANJEEV Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) FIR No. 894/2014 was registered on the typed complaint of the prosecutrix dated 16th June, 2014 wherein the prosecutrix alleged that in Sept., 2013 the petitioner made a phone call on her mobile phone and inquired about her address. The prosecutrix intimated her address to the petitioner and same day the petitioner came to her house when she was alone. The petitioner asked for water from the prosecutrix. As she served water to the petitioner he pushed her on the sofa and forcibly raped her. He also threatened the prosecutrix of killing her and her son if any complaint was filed against him. The prosecutrix got frightened as her husband was in jail at that time. It is further alleged that on 11th June, 2014 when the prosecutrix went to Ranchi, the petitioner asked her to come to him for a night and he would get the case against her husband disposed of. When the prosecutrix refused he pressed her breast and threatened her by saying that he was related to certain senior police officials at Ranchi.

(2.) During the course of investigation statement of the prosecutrix was recorded under Sec. 164 Crimial P.C. wherein she stated as under:

(3.) Pursuant to the filing of the charge sheet, charge for offence punishable under Sections 376/506 Penal Code was directed to be framed against the petitioner vide impugned order dated 13th July, 2016 for the incident at Delhi and the learned Trial Court came to the conclusion that no charge is required to be framed in respect of the alleged incident dated 11th June, 2014 as there was no evidence to show that the prosecutrix visited Ranchi on the said date. Thus the present petition against the order directing framing of the charge under Sections 376/506 Penal Code in relation to the alleged incident of Sept., 201