KALLUMAL GUPTA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 21.7.1999 passed by the Additional Sessions Judge in Sessions Case No. 42/99 directing framing of a charge under Section 376, Indian Penal Code against the petitioner.

(2.) Briefly stated, the prosecution case is that on 5.6.1998, the prosecutrix Smt. Sudesh accompanied by her sister Kumari Sunita came to Delhi from Jalandhar. At Delhi, the prosecutrix got separated from her sister and stayed at the railway platform overnight. Next-day she came to Gurudwara Shishganj in search of Kumari Sunita where she was accosted by the petitioner. She requested the petitioner to lend her some money for her return journey to Jalandhar. Since the petitioner was proceeding to Haridwar, he asked the prosecutrix to meet him on the next date to collect the money. However, on 8.6.1998, when the prosecutrix came at the petitioner's tea stall, the petitioner took her to his house and committed rape on her. Thereafter, petitioner's other associates also attempted to commit rape on her but she raised an alarm and came out of the petitioner's house. She went to the police station Kotwali and lodged the FIR No. 359/98 regarding the alleged incident. Investigation pursuant to the said FIR culminated into submission of a charge-sheet under Sections 376/34 against the petitioner and his associates. On consideration of the material collectd by the investigating agency and after hearing the parties, learned Additional Sessions Judge framed a charge under Section 376, Indian Penal Code against the petitioner vide order dated 21.7.1999. Feeling aggrieved, the petitioner has come up in revision before this Court.

(3.) Assailing the validity of the impugned order, learned Counsel for the petitioner contended , that there was bad blood and enmity between the petitioner and the prosecution witness, namely, Sukhbir Saran Aggarwal. According to learned Counsel, the petitioner had obtained a restraint order against the said Sukhbir Saran Aggarwal in the Writ Petition (Civil) No. 240/98 filed by him. Incensed by the said restraint order, Sukhbir Saran Aggarwal hatched a criminal conspiracy with Subhash Venna, Purshotam Gupta, Mukesh @ Chini and Ashok Chopra to involve the petitioner in a criminal case. Pursuant to the said conspiracy Sukhbir Saran Aggarwal through the aforesaid witnesses hired the prosecutrix for rupees fifteen thousand and thus concocted a false story about the alleged rape to wreak his vengeance by embroiling the petitioner in the said rape case so that he could be pressurized to withdraw the said writ petition. He has invited my attention to the case diary statements of the said witnesses in support of his contention.