THE STATE (GNCT OF DELHI) vs SAHIL CHOPRA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + CRL.REV.P. 52/2024 & CRL.M.A. 1366/2024 THE STATE (GNCT OF DELHI) .....Petitioner Through: Mr. Manoj Pant, APP for the State. versus SAHIL CHOPRA & ORS. ....Respondents Through: Mr. Kirti Uppal, Senior Advocate with Mr. Pawan Sankhla, Mr. Padam Sankhla, Mr. Lalit Sankhla and Mr. Aditya Raj, Advocates. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The present petition has been preferred by the State, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟), seeking setting aside of the order on charge dated 20.09.2023 (hereafter „impugned order‟) passed by the learned Additional Sessions Judge, Patiala House Court, Delhi (hereafter „learned Sessions Court‟) in Sessions Case No. 306/2020, arising out of FIR No. 362/2020, dated 18.08.2020, registered under Sections 376D/506/109 of the Indian Penal Code, 1860 (hereafter „IPC‟) at Police Station Kishan Garh, Delhi. Signature Not Verified CRL.REV.P. 52/2024 Page 1 of 7 Digitally Signed By:AANCHAL TAGGAR Signing Date:21.01.2025 14:30:38 2. Briefly stated, the facts of the case, as evident from the records and the impugned order, are that the victim in the present case is a national of Uzbekistan and was residing at a rented accommodation with her friends. Allegedly, on 13.08.2020, she was alone in her house when the accused no. 1 and 2, namely Sahil Chopra and Baljeet Singh, had committed rape upon her. Thereafter, they had threatened her not to take any action against them. It is stated that the accused Shokkhnoza Trigarhera @ Shahnoz @ Shahnaj had instigated the other accused persons to commit rape. After completion of investigation, charge-sheet was filed again