During the arguments on framing of charges, counsel for the accused had said that no external injuries were there on the woman's body and she had not supported her allegations in her statement recorded before a magistrate.
The court, however, said in none of the judgements cited by the counsel, it was held that the accused can be discharged on the basis of statement recorded by magistrate under section 164 of the CrPC.
"I come to the conclusion that prima facie there is sufficient material to frame charge against the accused for the offences punishable under section 376/506(ii) of the IPC as the material on record raise grave suspicion that the accused might have committed the said offences.
"...Therefore, charge against the accused for offences punishable under Section 376/506(ii) of the IPC be framed accordingly," Additional Sessions Judge T R Naval said.
The court framed charges against the man after he pleaded not guilty and claimed trial.
The woman had lodged a case against her son at Madhu Vihar police station alleging that on the intervening night of June 5 and 6 this year, he raped her and also threatened to kill her if she disclosed the incident to anyone.
When she tried to stop him, he threatened her to keep quiet.
She had told the police that her son had invited his friends to his house to consume liquor with them in the night.
When his friends left the house, they both slept and thereafter, he raped her.
When she tried to stop him, he threatened her to keep quiet, the woman had said.
When the man went to sleep, she went to her sister's house and disclosed the incident and reported the matter to police.