CHARAN SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) Instant revision has been preferred against order dated 30-10-1984 passed by learned VI Additional Sessions Judge, Muzaffar Nagar, in Criminal Revision No. 80 of 1983, Smt. Shanti v. Charan Singh, by which the learned Sessions Judge had set aside the order dated 27-5-1983 passed by Vth Munsif Magistrate, Court No. 5, Muzaffar Nagar, in Criminal case No. 283/9 of 1983, Smt. Shanti v. Charan Singh, by which the learned Magistrate discharged the revisionist from charge under Section 376, I.P.C. police station Shahpur, District Muzaffar Nagar, after making inquiry under Sections 200 and 202, Cr.P.C. The order was passed by the learned Magistrate under Section 203, Cr.P.C. Aggrieved therefrom the prosecutrix Smt.Shanti Devi preferred the above mentioned revision, which was allowed by the learned Sessions Judge on the ground that the Judicial Magistrate is not empowered to discharge an accused in a Sessions trial case.

(2.) Heard Sri Siddhartha, learned counsel for the revisionist, Sri Jeevan Srivastava, holding brief of Smt. Poonam Srivastav learned counsel for the opposite party No. 1 and Shri R. R. K. Misra, learned AGA.

(3.) The fact of the case is that Smt. Shanti wife of Brahm Singh, resident of village Kutabi, police station Shahpur, district Muzaffar Nagar lodged FIR against the revisionist, Charan Singh under Section 376, I.P.C. at police station Shahpur, district Muzaffar Nagar, on 5-12-1982 at 16.10. hrs. that when she was going to her field to provide meal to her servant at 1.00 p.m. in village Kutabi the revisionist met her on the way and with help of one more person overpowered her and forcibly committed rape on her. On her alarm Jai Prakash, Jaipal and Onkar ran to the spot but the accused was successful in making his escape good. Smt. Shanti devi, aged about 49 years was medically examined on 5-2-1982 and it was opined by the doctor that no injury on her external or private part of the body was found. She lacks chastity, but there were signs of having sexual relation within 24 hours. Investigation was made by the police of police station Shahpur, district Muzaffar Nagar. The Investigating Officer after collecting evidence arrived at the conclusion that the revisionist was a Tehsil employee. On 5-12-1982 at about 1.00 p.m. he was at a distant place in a village Bhaisar Hedi, police station Chappar, district Muzaffar Nagar as he had to make auction sale in two cases and it was not possible for him to come to his village Kutabi and commit rape on Smt. Shanti Devi. Thereafter, the police submitted its final report. Before the final report was submitted Smt. Shanti Devi filed a complaint. On the complaint the Magistrate recorded statements of the complainant and her witnesses under Sections 200 and 202, Cr.P.C. The learned Magistrate appreciated the evidence recorded under Sections 200 and 202, Cr.P.C. and arrived at the conclusion that the parties are residents of the same place and the possibility of false implication cannot be ruled out.