LALIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Revision, under Sections 397/401 of the Code of Criminal Procedure, 1973 (In short 'Cr.P.C.'), has been filed by the revisionist, Lalit, assailing order, dated 14.11.2019, passed by the Sessions Judge, Baghpat, with this contention that the Revisional court failed to appreciate facts and law placed before it and passed impugned order, under failure of exercise of appropriate jurisdiction and the order, being apparently erroneous on the face of record, deserves to be set aside.

(2.) Learned counsel for revisionist argued that there is no evidence for offence, punishable, under Section 316 of Indian Penal Code, 1860, (In short 'IPC'), whereas, occurrence was said to have occurred at the parental house of the informant and mother of the victim and it was said to be the month of November, whereas, medical report of hospital reveals that it was a case of June, 2017, i.e., not corroborating with the accusation levelled by the informant and her daughter-victim. Hence, it was asked specifically that is there any medical document or reference regarding miscarriage and it was answered that no such medical document is there. Hence, above conclusion of trial court was apparently against fact on record. Hence, this revision with above prayer.

(3.) From very perusal of the impugned order, dated 14.11.2019, it is apparent that an Application, bearing no. 5B, was moved by the accused/revisionist, Lalit, on 31.10.2019, with this contention that chargesheet contained Section 316 of IPC, but, there is no evidence regarding above offence, hence, charge for above offence, be not levelled against accused-applicant. This was objected by learned Public Prosecutor and revisional court, vide impugned order, dismissed above Application 5B and this Criminal Revision is against above order.