DHARMENDRA KUMAR SAKET Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants, who have been arraigned as an accused in the trial of Special Case No.300041/2016 arising out of Crime No.459/2016 registered at Police Station, Mada, Distt. Singrauli, have filed this revision under Section 397 read with Section 401 of Cr.P.C. being aggrieved by the order dated 06/02/2018 passed by Additional Sessions Judge to the Court of 1st Additional Sessions Judge and Special Judge (Protection of Children from Sexual Offences Act), Waidhan, Distt. Singrauli whereby charges have been framed against against the applicant No.1 for the offences punishable under Sections 363 , 366 , 376(2), 376(2)(<). of IPC , under Section 5(B) / 6 of Protection of Children from Sexual Offences Act, 2012, against applicants No.2, 3, 4 for the offences punishable under Sections 376(2) read with Section 109 , 376(2) & 506 Part-II of IPC , under Section 5(B) / 6 read with Section 17 of Protection of Children from Sexual Offences Act, 2012 and against applicant No.5 for the offences punishable under Sections 363 , 366 of IPC.

(2.) The case of prosecution against each applicant, in short, is that applicant No.1-Dharmendra Kumar Saket forcibly caught hold prosecutrix when she was coming back after answering the call of nature and forcibly took her on motorcycle in Village Dhoni in the house of applicant No.4- Smt. Nagina Saket alias Binni who provided facility to accused/ applicant No.1-Dharmendra Kumar Saket where applicant No.1-Dharmendra Kumar Saket forcibly committed rape upon prosecutrix and kept her whole night in the house of applicant No.4. The prosecutrix, who was aged about 15 years, below the age of 18 years, was minor at the time of incident. Applicant No.5-Shiv Prasad Saket alias Binna Saket, who is son of applicant No.4 also facilitated applicant No.1-Dharmendra Kumar Saket for aiding the act of applicant No.1-Dharmendra Kumar Saket. On the next day, applicant No.1-Dharmendra Kumar Saket forcibly took prosecutrix on motorcycle at Village Kachani and kept her in the house of applicant No.3-Sudarshan Saket who facilitated applicant No.1-Dharmendra Kumar Saket who forcibly kept prosecutrix and committed rape upon her. Father of applicant No.1 namely Asharafi Lal Saket (applicant No.2) came at the house of applicant No.3-Sudarshan Saket and pressurized the prosecutrix to solemnize Court marriage otherwise he will kill her and also threatened prosecutrix that she will not utter anything against applicant No.1-Dharmendra Kumar Saket to any one.

(3.) In the meantime, when brother of prosecutrix found her missing and also found applicant No.1-Dharmendra Kumar Saket missing from his house in the village, then he lodged the report. During search of prosecutrix, Police came in the house of applicant No.1-Dharmendra Kumar Saket, then again applicant No.1-Dharmendra Kumar Saket, applicant No.2-Asharafi Lal Saket and applicant No.3-Sudarshan Saket threatened prosecutrix not to utter the name of any one of applicants about the act committed against her otherwise they will kill her. On reaching home prosecutrix narrated the whole incident to her family members, thereafter lodged a report against the applicants.