TMI Blog2019 (4) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 376 of the IPC, does not appear to be perverse or misplaced. Perusal of the records as well as the statements show that the allegations are completely vague and bereft of any details, further the material placed on record does not give rise to grave suspicion against the respondent of having committing the offence under Section 376 of the IPC. There is no merit in the petition. The petition is accordingly dismissed. - CRL. REV. P. 484/2017 - - - Dated:- 2-4-2019 - MR. JUSTICE SANJEEV SACHDEVA For the Petitioner: Mr. Hirein Sharma, Addl. PP for the State with Tej Ram For the Respondent: Ms. Jasvinder Kaur and Mr. Abhishek Chaudhary, Advs. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. State has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk cheques from her containing signatures. It is alleged that he had used the blank cheques and filed a complaint against her under Section 138 of the Negotiable Instruments Act. 6. Trial court, by the impugned order, noticed the contention of the respondent/accused that he had been falsely implicated and further that there was substantial delay in lodging the complaint, in as much as, the alleged forceful act was alleged to have taken place in or around 2006 and the complaint was lodged for the first time in the year 2013. Further, the trial court noticed the contention that the complaint was a counter-blast to the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act against the prosecutrix and also agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted hereunder: 1. ***** ***** ***** 2. That the accused above named Shri Ajeet Soni running a jewellery shop in the Najafgarh area. 3. That the complainant was from time to time visiting the shop of the accused with her husband for purchase of jewellery. 4. That in the year 2005, the husband of the complainant died and he was working in Indian Army. 5. That at about four years ago, the complainant went to the shop of the accused for purchase of ear ring and on that day, the accused came to know about the death of her husband. 6. That during this period, the accused came to contact with the complainant and developed the friendly relation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d when the complainant did not turn up after the phone call from the accused, the accused himself visited the house of the complainant and the complainant due to fear of her child and the social stigma did not resisted and hand over her body to the accused. 13. That the complainant fulfilled all the demands, demanded by the accused due to fear of her child and social stigma. 14. That the accused taken a signed blank cheques, pass books and all relevant documents relating to the properties and taken a signature of the complainant on some blank papers. 15. That the accused filed a complaint under Section 138 of the Negotiable Instruments Act against the complainant with the using cheque received by accused. 16. That in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corded under Section 164 Cr. P.C., the only averment is that one day in his car he had made forceful relations with her and thereafter also he had forcibly raped her. 14. As noticed above, there are no specific details provided by the prosecutrix either in her statement given to the police or in the statement given under Section 164 Cr. P.C. 15. The finding returned by the trial court that the material placed before the Court does not disclose grave suspicion against the accused for framing of a charge against him for committing the offence punishable under Section 376 of the IPC, does not appear to be perverse or misplaced. 16. Perusal of the records as well as the statements show that the allegations are completely vague and bere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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