VISHAL CHAWLA Vs. STATE

JUDGEMENT

(1.) Vide impugned order of 30th November, 2018, petitioner has been put on trial on the charge which reads as under:-

(2.) The facts giving rise to this petition, as noticed by the trial court in the impugned order, are as under:-

(3.) Quashing of impugned order is sought by learned senior counsel for petitioner who submitted that the first information of this incident given to the police was of prosecutrix being teased and as per prosecution case, FIR of this case has been registered on the basis of a statement written by husband of prosecutrix in which allegations of rape have been levelled against petitioner. Learned senior counsel for petitioner vehemently contended that the aforesaid version stands contradicted by the statement of the prosecutrix recorded under Section 164 Cr.P.C., 1973 in which she has not levelled any allegation of rape against petitioner. It is contended that the medical evidence belies the allegations of rape levelled against petitioner.