State NCT Of Delhi v. Boby

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1007/2024 STATE NCT OF DELHI .....Petitioner Through:

Mr. Pradeep Gahalot, APP for State with SI Mahendra Patil, PS: Narela.

versus BOBY .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 07.08.2024 CRL.M.A. 23387/2024 (Application seeking condonation of delay) 1.

This application has been filed for condonation of delay of 497 days in the instant application.

2.

In view of the reasons stated in the application, the delay of 497 days is condoned.

3.

Accordingly, the application is disposed of.

CRL.M.A. 23388/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.REV.P. 1007/2024 1.

This revision petition has been filed against the impugned order dated 30th November, 2021, passed by Ld. ASJ where the respondent/accused has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/08/2024 at 12:25:01

been discharged in FIR no. 376/2021 registered at PS Narela, under Sections 376/365/506 of IPC.

2.

The case arose out of an allegation by the complainant that she has gone to take medicine from the medical store and on her way cousin brother -in-law Boby met her and took her away on the motorcycle and thereafter established physical relations with her.

3.

Pursuant to the FIR being registered, her statement under Section 164 Cr.P.C. was recorded where she gave a completely different version and she stated that she had a false statement to the police. 4.

Moreover, she refused her medical examination, as also no sample could be collected for any further investigation. 5.

There is no CCTV as well for considering these circumstances and there being no incriminating material, the respondent/accused was discharged.

6.

Having perused the records including FIR and charge sheet, this Court does not find any infirmity with the impugned order. 7.

Accordingly, petition is dismissed.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 7, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/08/2024 at 12:25:01