O P DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is directed against the order dated 29-4-97 passed by the Sessions Judge, Bilaspur in Sessions Trial No. 113/97 whereby learned Sessions Judge has framed charge under Sections 376 read with Section 511 & 452 of the I.P.C. against the applicant.

(2.) THE order is challenged on the ground that without any sufficient material available on record, learned trial Court has framed charge against the applicant and committed illegality.

(3.) LEARNED counsel for the applicant submits that according to the case of the prosecution, the applicant entered into the house of the prosecutrix and attempted to commit sexual intercourse with her. But she has not narrated the incident in detail, in her F.I.R. and she has also not mentioned the alleged incident in her written report dated 3-12-1996. Material collected by the prosecution is not sufficient for framing charge of offence punishable under Section 452 of the I.P.C. The applicant has not committed house trespass after preparation for hurt, assault or wrongful restraint. The applicant has not attempted for commission of rape, therefore, the trial Court has committed illegality in framing charge against the applicant.