SANDEEP SHARMA Vs. STATE

JUDGEMENT

(1.) By this revision petition filed under Sec. 397 read with Sec. 401 of Crimial P.C. the petitioner seeks for setting aside the order dated 03.10.2016 passed by the learned Additional Session Judge, (Special Fast Track Court), East District, Karkardooma Courts, Delhi, in S.C. No. 392/2016 (S.C. No. 95/2015) whereby the petitioner has been charged for the offences punishable under Sections 376/376(2)(n)/377 of IPC.

(2.) In nutshell, the facts of the case as mentioned in the impugned order on charge are that the prosecutrix came in contact with the appellant Sandeep Sharma in Jan. 2003, through Yahoo Messager and thereafter, friendship developed between them. The accused made physical advances to her which she resisted. However, the accused made physical relations with her in natural and unnatural manner without her consent. On 04.06.2012, the accused be-fooled the prosecutrix into some ceremony pretending to be married with her. It is also the case of the prosecution that the accused started ignoring the proxecutrix and on 18.05.2013 the prosecutrix went to the house of the accused persons but the other accused persons Mani Ram Sharma (Father), Nirmala Sharma (Mother) and Hemant Sharma (Brother) of accused Sandeep Sharma locked her in a room and beat her. The accused Hemant Sharma misbehaved with her and outraged her modesty. They also threatened the prosecutrix that they will kill her. It is further the case of prosecution that the prosecutrix got medically examined at LBS Hospital on 21.05.2013. Her MLC records showed that she was having multiple contused abrasions over forearms, face, back and thigh. There were also some tenderness at some places.

(3.) In the statement under Sec. 164 of Crimial P.C. the prosecutrix reiterated the allegations as made in her complaint. After completion of investigation the prosecution had filed charge sheet in court and the petitioner - Sandeep Sharma was charged for the offence under Sec. 376(1) of IPC. However, the other accused Mani Ram and Nirmala Sharma were charged for offence under Sections 323/342/506/34 of Penal Code and accused Hemant Sharma was chargesheeted for the offence under Sec. 323/342/354/506/34 of IPC. Consequently, the accused persons were charged accordingly. Aggrieved by the said order, the petitioner - Sandeep Sharma has approached this court by way of the present revision petition.