SHAHRUKHKHAN RAHEMATKHAN BELIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR being C.R. No.I -56 of 2013 registered with Shahpur Police Station, Ahmedabad for the offences punishable under Sections 376, 511, 341, 506(1) and 114 of the Indian Penal Code.

(2.) I have heard learned advocates for the parties.

(3.) LEARNED advocate Mr. Parthiv Bhatt for the applicant submitted that the applicant is aged 18 years and charge -sheet is already filed. Mr. Bhatt submitted that the applicant is falsely involved in the offence as the applicant has not indulged into any act as stated in the FIR. Mr. Bhatt submitted that the applicant has not entered into any physical relationship with the girl so as to invoke the provisions of Section 376 of the Indian Penal Code. Mr. Bhatt submitted that from the charge -sheet papers also, it is not revealed that the applicant has committed offence of Section 376 of the Indian Penal Code. Mr.Bhatt submitted that even from the mobile phone of the applicant, no obscene pictures, as alleged in the FIR, were found during the FSL examination of the mobile phone. Mr. Bhatt submitted that the girl had put up a false story since she was found with the applicant by the relatives of the girl. However, from the statement of one Tejiben, it is clearly found that that it is the girl herself who had asked for key of the room to utilize the room to sit with the applicant alone and for that purpose, even the girl and the applicant both had allowed their common friend Yashin to lock the room from outside. Mr. Bhatt submitted that in such revelation of facts from the charge -sheet papers, this Court may exercise the discretion in favour of the applicant, especially when the applicant is a young boy of 18 years.