STATE (GNCT OF DELHI ) vs SAIYAMA @ SAIBA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 24th January, 2025 + CRL.REV.P. 347/2016 STATE (GNCT OF DELHI) .....Petitioner Through: Ms. Priyanka Dalal, APP for State with SI Kriti Singh, PS Welcome. versus SAIYAMA @ SAIBA .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) CRL.M.A. 7699/2016 (Seeking condonation of delay in filing the petition) The instant application under Section 5 of the Limitation Act, 1963 has been filed on behalf of the applicant seeking condonation of delay in filing the revision petition. For the sufficient cause being shown in the application, the same is allowed and the delay of 28 days, in filing the revision petition, is condoned. Accordingly, the application stands disposed of. CRL.REV.P. 347/2016 1. The instant revision petition under Section 397(1) of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) has been filed on behalf of the petitioner/State seeking setting aside the order dated 11th December, Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.REV.P. 347/2016 Page 1 of 16 Signing Date:03.02.2025 17:24:43 2015 (hereinafter “impugned order”) passed by the learned Additional Sessions Judge, Special Fast Track Court, Karkardooma Courts, Delhi (hereinafter “ASJ/Trial Court”) and framing of charges against the respondent under Sections 323, 354, 365, 366, 368, 370 and 120B of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts that led to the filing of the instant petition are as follows: a. As stated in the complaint, the prosecutrix, a resident of North Pargana, West Bengal, travelled to Delhi on 20th May, 2015 with accused Sahajan Moliya @ Bapi, on the pretext that he will marry her. Thereafter, the prosecutrix stayed w