RATHINAM AND OTHER Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to direct the Sessions Judge, Mahila Court, Salem, to send the records pertaining to Sessions Case in S.C.No.39 of 2015 to the concerned jurisdictional Magistrate Court for trial and further proceedings in accordance with law by calling for records.

(2.) A very interesting issue has been raised in this petition, which requires a detailed consideration by this Court.

(3.) It is the case of the prosecution that A1 had sexually abused 'X', a minor, on the promise of marrying her, and thereafter, reneged. It is further alleged that A2 and A3, parents of A1, had abused 'X' and had threatened her. On such a complaint, the police have registered a case in Crime No. 8 of 2012 and after completion of the investigation, filed a charge sheet against A1, A2 and A3 for the offences under Sections 376, 417, 294(b), 506(ii) and 353 IPC before the jurisdictional Magistrate Court. The Magistrate committed the case to the Sessions Court, Salem. The case was made over to the Mahila Court, Salem, where the charges under Sections 376, 417 and 352 IPC were framed against A1 and charges under Sections 294(b) and 506(ii) IPC were framed against A2 and A3.