KHADERBASHA Vs. STATE

JUDGEMENT

(1.) HEARD on merits by consent.

(2.) FATIMA lodged a complaint with the Manvi Police in Raichur District, the gist of which is this: About a year prior to the date of the complaint, she was living with her grandparents in Athnoor Village in manvi Taluk. Her neighbour, the petitioner accused Khaderbasha, aged 22 years, had come to her house along with one Hussainsab to see the television programme at about 9. 30 p. m. At about 11 p. m. she woke up and found that the petitioner-accused and the said another were still in the process of seeing the television programme, whereas her grandparents had already gone to bed in the adjacent room, she herself in the meantime having already gone to bed earlier. Thus on seeing them still viewing the television, she sent them out and closed the door and slept inside the house. At about 1. 30 a. m. that night, petitioner-accused silently gained entry into the house, woke up the said Fatima, assured her, promising in the name of God, that he would marry her, and then had sexual intercourse with her. Even while going out from the house, he reassured her that he would marry her. Five days after the said incident, when her aunt Riyana came to the house, Fatima told her about the incident. Riyana advised not to reveal it to any one in order to maintain the family prestige. It was after one year i. e. , around the time of lodging the complaint that the petitioner-accused was found making arrangement to get married to another lady. It is therefore that the complaint came to be filed.

(3.) MANVI Police registered a case, investigated into the same and filed charge-sheet for offences punishable under Sections 451 and 376 of the Indian Penal Code. On behalf of the petitioner-accused, an application under Section 227 of the Criminal Procedure Code was filed seeking discharge. By the order impugned in this revision petition, learned Sessions Judge, Raichur, has found that prima facie the case is made out for framing charge for the offences punishable under Sections 451 and 376 of the Indian Penal Code. Aggrieved by the same, petitioner has approached this Court under Section 397 of the Criminal Procedure Code.