VIKAS Vs. STATE

JUDGEMENT

(1.) The present petition is directed against the order on charge dated 06.01.2016 and order dated 21.01.2016 whereby the trial court has framed charge against the petitioner for the offence punishable under Sections 417/376 IPC in FIR No. 1561/2015 registered at P.S. Malviya Nagar.

(2.) The brief facts of the case, as noted in the impugned order, are as follows :-

(3.) On 15.10.2015 the supplementary statement of the prosecutrix under Section 161 Cr.P.C was recorded wherein she stated that the accused on 22.07.2015 had forcibly established physical relations with her. From the mobile phone records of the accused and the prosecutrix It was revealed that they both had been in touch with each other. The chargesheet was filed under Section 376 IPC."? 3. Learned counsel for the petitioner contended that as per the allegations made in the FIR registered on 14.08.2015, the prosecutrix herself was a married lady living separately from her husband along with her two children. He submits that the prosecutrix has not levelled any allegation of rape in her initial complaint and the statement is only with respect to consensual physical relations and from a bare reading of the FIR no cognizable offence is made out. He has placed reliance on State of West Bengal and Ors. v. Swapan Kumar Guha and Ors. reported as (1982) 1 SCC 561 to contend that as no cognizable offence was reported, the FIR itself ought not to have been registered.