STATE Vs. DALU MAYA RAM

JUDGEMENT

(1.) THIS is a reference under Section 438, Criminal Procedure Code, by the Sessions Judge, Hoshangabad, recommending that the order of the Judge Magistrate, Harda, dated 17. 12. 1960 in Criminal Case No. 866 of 1960, discharging the accused under Section 207a (6), Criminal Procedure Code, without further deciding to try the accused under Section 354, Indian Penal Code, with which he was already charged, be set aside and he be directed to try the accused to the said charge.

(2.) BRIEFLY stated the circumstances leading to this reference are these. The accused Dalu was charge-sheeted by the police for having committed the offence punishable under Section 354, Indian Penal Code. The chalan was presented in the Court of Magistrate 2nd Class, Harda, In due course a charge under Section 354, Indian Penal Code, was framed against the accused and the Magistrate proceeded to try him on that charge. However as the evidence of the prosecutrix disclosed an offence punishable under Section 376, Indian Penal Code, against the accused, the Magistrate referred the case for being entrusted to a Magistrate competent to commit the accused, as the offence was triable by the Court of Sessions.

(3.) THE case was accordingly transferred to the Judge Magistrate, Harda, and ho proceeded to hold an inquiry as provided in Chapter XVIII, Criminal Procedure Code. In the course of inquiry some witnesses including the prosecutrix were examined and after examining the accused, the Magistrate came to the conclusion that no offence, rendering the accused liable to be committed to stand his trial for the same before the Court of Sessions, was made out. Accordingly he passed an order under Section 207a (6), Criminal Procedure Code, discharging the accused.