SANTOSH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/Applicant Santosh Sharma has preferred this Criminal Revision being aggrieved by the order dated 29-7-2002 passed by the learned Special Judge of SC & ST, Ambikapur, by which the learned Special Judge has framed the charges against the accused/Applicant under Section 376 of the Indian Penal Code read with Section 3(2)(v) & 3(1)(xii) of the Scheduled Castes and Scheduled Tribes Act, under Sections 323 & 506 of Indian Penal Code.

(2.) I have heard learned Counsel for the parties and perused the record.

(3.) The main grievance of the learned Counsel for the accused/Applicant is that the complainant Smt. Geeta Tirky, herself has stated in her statement that she was residing with the accused/Applicant as his wife therefore, the offence under Section 376 is not made out and according to her statement no offence is made out. Therefore, by allowing the revision charges framed against the accused/Applicant be quashed.