No discharge of accused without awaiting supplementary chargesheet
Delhi High Court Orders Reconsideration of Discharge in Dowry and Rape Case Pending Supplementary Chargesheet. Sessions Court's Discharge of Accused Overturned; Awaited Supplementary Chargesheet May Contain Crucial Evidence
In a significant ruling, the Delhi High Court has set aside the discharge of the accused in a high-profile dowry and rape case, citing the necessity to await a supplementary chargesheet. The judgment, delivered by Dr. Swarana Kanta Sharma, J., addresses the procedural oversight by the Sessions Court, which had discharged the accused without considering the supplementary chargesheet expected to contain vital incriminating evidence.
The case revolves around serious allegations under Sections 376, 354A, 406, 509, and 34 of the Indian Penal Code (IPC) and Sections 3/4 of the Dowry Prohibition Act, 1961. The accused, Yatin Kalra, was alleged to have engaged in sexual relations with the prosecutrix under the false promise of marriage and to have made dowry demands along with his family. The prosecutrix claimed substantial financial and emotional exploitation.
The Sessions Court had previously discharged the accused, an order challenged by the State and the victim on grounds that the decision was premature as the supplementary chargesheet, containing additional evidence, had not yet been filed. The prosecution argued that this additional material was essential for a comprehensive assessment of the charges.
Justice Sharma, while refraining from commenting on the merits of the allegations, emphasized the importance of considering all available evidence before reaching a judicial decision. The court underscored that the supplementary chargesheet could include critical documents and communications relevant to the case, potentially impacting the charges against the accused.
The High Court's ruling mandates the Sessions Court to reconsider the charges once the supplementary chargesheet is filed. The case has been remanded back for a fresh examination of the charges, ensuring that both the prosecution and the defense have the opportunity to present their arguments based on the complete evidence.
The parties are scheduled to appear before the Sessions Court on September 8, 2025. The judgment highlights the judiciary's commitment to ensuring procedural fairness and the thorough examination of evidence in criminal proceedings.
Bottom Line:
Discharge of accused by Sessions Court without awaiting supplementary chargesheet was incorrect; supplementary chargesheet expected to contain material directly relevant to the investigation.
Statutory provision(s): Indian Penal Code, 1860 Sections 376, 354A, 406, 509, and 34, Dowry Prohibition Act, 1961 Sections 3/4
Ms. Xxxxxxxx v. State Nct Of Delhi, (Delhi) : Law Finder Doc Id # 2765727
