District judge sets aside non-speaking order on framing of charges in rape case

This case pertains to allegations of rape in the pretext of marriage and threat to kill. The order was passed on February 16, 2024 by the ACMM against three persons, including one woman. An FIR was lodged at the Saket Police station in 2023. After investigation, the police has filed a charge sheet.

The District Judge of Saket Court has recently set aside an order of framing of charges in a rape case passed by the Additional Chief Metropolitan Magistrate (ACMM) after noting that the order was non-speaking. The district judge also noted that even the sections under which cognizance of offences was taken were not mentioned. This case pertains to allegations of rape in the pretext of marriage and threat to kill. The order was passed on February 16, 2024 by the ACMM against three persons, including one woman. An FIR was lodged at the Saket Police station in 2023. After investigation, the police has filed a charge sheet.

Principal District and Sessions Judge (South) Madhu Gupta set aside the order and remanded the matter back to the Additional Chief Metropolitan magistrate (ACMM) for consideration. "Bare perusal of impugned order dated 16.02.2024, shows that learned ACMM has simply mentioned that she has taken the cognizance but she has not mentioned even the sections under which the cognizance has been taken," the District judge said in the order passed on April 15.

The court further said, "It is a settled law that at the time of taking cognizance, the court is not required to go into the merit of the case but when the matter is at the stage of taking cognizance, the court is also required to mention in detail the facts which have been taken into consideration for taking cognizance of the offence." The matter is remanded back to the ACMM with directions to pass a detailed order regarding taking of cognizance against the revisionists or accused persons signifying illustrations for the offences of which the cognizance has been taken, after considering the facts and circumstances of the case.

The accused persons have been directed to appear before the ACMM on May 7, 2024. The order was challenged by Gautam Kumar, Isha and Abhishek on the ground that the said order was cryptic and even the voice samples were not collected by the investigating officer as is clear from the order of February 16 and the same is a non-speaking order. Gautam Kumar and the prosecutrix had became friends through the Bumble dating app.

The counsel argued that revisionist Gautam Kumar, who was working as a Ahlmad in the Trial Court has now been removed from service as he remained behind bars for more than 48 hours and his entire career has been ruined. It was also argued that no material has been placed on record to establish the basis of the allegations levelled by the complainant. It was further stated that the ACMM order was placed on charge in a routine and automated manner, which lacked detailed consideration.

The learned ACMM has failed to provide reasoning, demonstrating a lack of judicial application and passed the impugned order in a hasty manner and even failed to specify the offences for which cognizance was taken. The order is liable to be set aside, the accused had argued. (ANI)

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