VISHAL CHAWLA Vs. STATE

JUDGEMENT

(1.) Fir No.308/2017 under Sec. 376 Penal Code was registered at PS New Friends Colony on a written complaint given by the complainant wherein she alleged that the petitioner was introduced to their family by business associates and thereafter the complainant, her husband and son came to Delhi where they had number of meetings with the petitioner. It is stated that her husband arranged a gift to impress the petitioner. They invited the petitioner to Hotel Surya for dinner on 27th Sept., 2017 where they discussed the plans for the new venture. On the evening of 28th Sept., 2017, the petitioner who was earlier to go to Gurgaon made a phone call and invited complainant's family to his house to which the complainant replied that her husband and son had already left to another place and not available so he invited the complainant. The driver of the petitioner came to pick up the complainant who reached the house of the petitioner.

(2.) In the FIR, it is alleged that at the residence of the petitioner, after taking drinks the complainant felt dizzy and the petitioner persuaded her to go to the bed room where he pushed her on the bed, removed her clothes and forcefully raped her. After she gained little consciousness, she insisted to go back to the hotel room whereafter the petitioner's driver dropped her in the car at the hotel lobby and with the help of hotel staff she reached her room where her husband was present. She narrated the incident to her husband who made a call to the police.

(3.) Thus PCR call was made on 29th Sept., 2017 at 2:45 AM. On the police reaching the spot, a written complaint with the contents as noted above was handed over, on which a rukka was sent at 4:20 AM and the complainant/prosecutrix was immediately taken for her medical examination to AIIMS where at 4:51 AM on 29th Sept., 2017 itself her medical examination was conducted and her vaginal smears etc. were taken and seized along with her clothes. The complainant/prosecutrix was thereafter taken to the house of the petitioner and at her instance, the site plan was prepared. The complainant/prosecutrix also pointed towards the bed sheet and her supplementary statement under Sec. 161 Crimial P.C. was recorded.