VIVEK CHANDELA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 08.04.2025 + CRL.REV.P. 1195/2024 VIVEK CHANDELA .....Petitioner Through: Mr. Nitin Mehta, Mr. Sarthak Jain and Mr. Arpit Rawat, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present revision petition, the petitioner seeks setting aside of the order dated 04.06.2024 [hereafter ‗impugned order‘] passed by the learned Additional Sessions Judge, Special Fast Track Court, New Delhi District, Patiala House Courts, Delhi [hereafter ‗Trial Court‘] vide which charges were framed against the revisionist for offence punishable under Sections 328/376D/354C of the Indian Penal Code, 1860 [hereafter ‗IPC‘], Section 66E of Information Technology Act, 200 [hereafter ‗IT Act‘] read with Section 34 of IPC, Section 67A of IT Act and Section 201/174A of IPC. Signature Not Verified CRL.REV.P.1195/2024 Page 1 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.04.2025 18:54:40 2. The brief facts of the case, as per prosecution, are that on 29.09.2018, the victim had been called by one Ankit Jain and the revisionist Vivek Chandela to Twin Tree Hotel, Naraina, Delhi, for the purpose of having a party. On the same day, he had picked up the victim from Subhash Nagar Metro Station and had taken her to the said hotel in his car, where she had been accompanied by another girl, ‗G‘. After reaching the said hotel, at about 8:00–9:00 PM, Ankit Jain and the revisionist herein had allegedly forced the victim to consume alcohol. Thereafter, under the influence of alcohol, both Ankit Jain and the revisionist had forcibly established sexual relations with the victim and had also