WASIF Vs. STATE

JUDGEMENT

(1.) By way of this revision petition, a challenge has been made to the order dated 5th October, 2013 whereby the ld.ASJ has ordered for framing of a charge u/s 363 IPC against the petitioner.

(2.) Briefly the facts relevant for the disposal of the present petition are as under:-

(3.) Before the ld.ASJ, relying on the statement of prosecutrix under Section 164 Cr.P.C., learned counsel for the petitioner has contended that the prosecutrix had stated that she had gone with the petitioner of her own consent, as such no charge u/s 363/366 IPC is made out against the petitioner. The ld.ASJ has observed that on the date of occurrence i.e., 27.4.2013, prosecutrix was 15 years old and it is admitted position that she had gone with the petitioner without the consent of her parents, as such, ingredients of kidnapping are there. Accordingly, Ld. ASJ has held that prima facie case u/s 363 IPC is made out against the petitioner. However, about the other allegations, under Section 366 IPC, ld.ASJ has noted that from the statements of prosecutrix under Sections 161 Cr.P.C. and 164 Cr.P.C, there is nothing to suggest that prosecutrix was kidnapped by the petitioner with an intention that she may be compelled to marry him or there was any false promises or inducement given to the prosecutrix for marriage or that she was compelled by the petitioner or by any one else to marry the petitioner. Accordingly, ld. ASJ has taken a view that prima facie no offence u/s 366 IPC is made out against the petitioner and the petitioner has been discharged from the said offence. Considering that the charge u/s 363 IPC is made out against the petitioner which is triable by a Magistrate, ld.ASJ has directed that the file be sent to the court of ld.Chief Metropolitan Magistrate for transfer it to the court of competent jurisdiction. Aggrieved with the same, the present revision petition is filed.