State vs Ashok Kumar Verma on 5 April, 2023
In the given facts and circumstances of the case, the reliance
placed by learned ASJ on the decision of this Court in State v. Dr.
Giriraj Singh 2017 SCC OnLine Del 6672 and in Shyam Kumar v.
State (NCT of Delhi) 2017 SCC OnLine Del 7349, does not seem to be
misplaced as contended by the State. There is no denying the fact that
some contradictions between the statements under Section 161 and 164
Signature Not Verified CRL.REV.P. 674/2018 Page 8 of 9
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:06.04.2023
11:29:27
NEUTRAL CITATION NO. 2023:DHC:2360
Cr.P.C. are a matter of trial and cannot be a sole ground for discharge if
the other material on record discloses prima facie case against an
accused. However, considering the statement of the complainant
recorded under Section 164 Cr.P.C. as well as her MLC, no grave and
strong suspicion arises against the accused/respondent to frame charge
under Section 354 of IPC against him as the allegations is of patting on
her shoulder to assure her that she will not be made monitor of the class.