STATE (GOVT OF NCT OF DELHI) vs GAURANG KADYAN

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 12.08.2025 + CRL.REV.P. 556/2017 STATE (GOVT OF NCT OF DELHI) .....Petitioner Through: Ms. Richa Dhawan, Advocate alongwith IO, P.S. Bindapur. versus GAURANG KADYAN .....Respondent Through: Mr. Sobhik Tanwar, Advocate. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present petition, the State impugns the order dated 05.12.2016 [hereafter „impugned order‟], passed by the learned Additional Sessions Judge (SFTC), Dwarka Courts, Delhi [hereafter „Sessions Court‟] in case arising out of FIR bearing no. 297/2016, registered at Police Station Bindapur, Delhi, for the offence punishable under Sections 376/328/506 of the Indian Penal Code, 1860 [hereafter „IPC‟]. 2. The brief facts of the present case are that the prosecutrix had allegedly come in contact with the respondent/accused through Facebook and thereafter, they had met for the first time on 20.08.2013 at Select City Walk, Saket, Delhi. After four meetings, the respondent had allegedly proposed marriage to her. On CRL.REV.P. 556/2017 Page 1 of 8 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:13.08.2025 17:07:31 13.10.2013, the respondent had allegedly requested her to come to his house to meet his parents; however, when she had reached there, his parents were not at home. He had informed her that they had gone to the market and would return in two hours. In the meantime, he had allegedly offered her a cold drink and, after consuming the same, she had become unconscious. When she had regained consciousness, she had allegedly realised that the respondent had committed rape upon her. It is further alleged that thereafter, the respondent had started blackmailing her, stating th