MIRJA DILSHAD BEG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Revision has been preferred against the order dtd. 20/12/2022 passed by the Additional Sessions Judge, 2 nd Fast Track Special Court, Bilaspur, District Bilaspur, whereby, the Court below has framed the charges against the Applicant under Ss. 376(2)(n), 120-B, 506-II and 509-B IPC as also under Ss. 4 and 6 of POCSO Act.

(2.) Shri Hussain, learned Counsel for the Applicant submits that the Complainant/victim has filed FIR on 27/9/2022 for the incident that took place between 1/10/2018 and 1/2/2020. He further submits that just to attract the Ss. of POCSO Act, the entire story has been concocted, she has already attained the age of majority at the time of filing of the FIR and no evidence has been adduced by the prosecution with respect to Sec. 509-B IPC. He placed reliance on the judgment rendered in the matter of Shashidharan Kollery and Ors. vs. State and Anr reported in 2019 SCC Online Del 8969 and lastly submits that if the entire case of the prosecution is taken on its own face, then no offence would be made out against the present Applicant, therefore prays to discharge the Applicant from the charges as mentioned above.

(3.) On the other hand, Ms. Singh, learned Counsel for the State supports the order impugned and submits that there is sufficient material available on record to prove the charges framed against the Applicant.