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State vs Sanjeev Bhatia on 23 May, 2023

Author: Rajnish Bhatnagar

Bench: Rajnish Bhatnagar

                                    $~49
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.REV.P. 592/2023
                                                STATE                                                                             ..... Petitioner
                                                                                      Through:                 Ms. Meenakshi Dahiya, APP for the
                                                                                                               State with Insp. Babita and SI
                                                                                                               Mandeep Kumar, P.S.Kirti Nagar.
                                                                                      versus

                                                SANJEEV BHATIA                                                                   ..... Respondent
                                                                                      Through:

                                                CORAM:
                                                HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                               ORDER

% 23.05.2023 CRL.M.A. 14123/2023

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The present application has been filed under Section 5 of the Limitation Act, 1963 read with Section 482 Cr.P.C. for condonation of delay of 191 days in filing the present criminal revision petition.

4. For the reasons stated in the application, delay of 191 days in filing the present criminal revision petition is condoned.

5. The application stands disposed of.

6. The present petition has been filed under Section 397/401 Cr.P.C. by the petitioner/State against the order of discharge dated This is a digitally signed order.

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 25/09/2023 at 00:27:02 24.05.2022 passed by ld. ASJ (SFTC) RC-01, West, Tis Hazari Court whereby the respondent was discharged under Sections 376/354/354A/506 IPC.

7. It is submitted by learned APP for the State that learned Trial Court has meticulously examined the entire chargesheet which is not required at the time of framing of the charges. It is further submitted that statement of the victim under Section 164 Cr.P.C. was recorded wherein she has categorically made allegations against the respondent and also the statements of husband and brother of the victim were recorded who have corroborated the testimony of the victim. It is further submitted that incident had happened on 14.05.2018, thereafter the victim informed her husband and a written complaint dated 29.05.2018 was sent to Police Station Kirti Nagar. It is further submitted that delay is well explained by the victim. It is further submitted that the reasons given by the learned Trial Court for discharging the respondent are all matter of facts which could not have been dealt without dealing with the evidence.

8. Learned APP for the State has drawn the attention of this Court to the relevant findings of the learned Trial Court in the impugned order dated 24.05.2022 by virtue of which the respondent was discharged. The same reads as follows:-

"5. The complainant is a muslim woman. It is seen in the CCTV Footage that she is clad in a burqa and head-scarf. When the brother, the husband and the complainant leave the office of the accused, the following things arc worth noticing, in the footage :-

(i) The clothes/attire of the complainant are not messy to infinitesimal minute extent.

This is a digitally signed order.

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 25/09/2023 at 00:27:02

ii) There is no expression of grief or shock or dismay on any of these three persons.

iii) These three persons are composed and well oriented while leaving the office of the accused.

iv) They are not leaving the office of the accused in haste or panic.

5.1. The observations contained in para 5 sub para i to iv lead to the inference that nothing umoward happened in the office of the accused as alleged.

5.2. Had the accused untied the nada of the sal war of the complainant, she would have needed time to proper her dress. In the information to the police as provided by the complainant, there is no such tact which would suggest the inference that the complainant tidied her dress. There are other persons present in the office of the accused, as seen in the CCTV Footage and also found in the course of till' investigation. But, despite this there is no evidence/testimony of such act regarding her dress by the complainant.

6. In the site plan prepared by the IO, the IO has not identified the place of sitting /chair of the complainant, the accused, the husband and child of the complainant and that of the brother of the complainant. Whether intentional or by inadvertence, this omission is fatal to the understanding of the incident by the court or any independent observer of the police report."

9. Issue notice to respondent, on steps being taken by the petitioner/State by all possible modes, returnable on 10th October 2023.

RAJNISH BHATNAGAR, J MAY 23, 2023 p This is a digitally signed order.

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 25/09/2023 at 00:27:03