LAWS(MPH)-2012-7-167

SHRIRAM SHARMA Vs. STATE OF M P

Decided On July 17, 2012
SHRIRAM SHARMA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is directed against both the orders dated 16 th and 21 st February 2012 recorded in Sessions Case No. 71/2012, by the First Additional Sessions Judge, Gwalior firstly thereby rejecting the application preferred by the petitioners under Section 91 of Cr.P.C. and secondly after hearing the prosecution and accused, the charges were framed against all of the accused for commission of offence punishable under Sections 365,366 506 Part-II of I.P.C. A charge for commission of offence punishable under Section 376(1) of Cr.P.C. was also framed against accused-petitioner Shriram.

(2.) In short, relevant facts for adjudication of the matter are that on the day of incident, all the accused abducted knowingly or had reason to belief that the victim will be compelled to marry with accused Shriram or intercourse against her will or her wishes and after abduction confined her when she was wearing ornaments of gold and having cash of Rs. 20.000/-, in a secret place.

(3.) The contention of the learned counsel appearing for the petitioners/accused is that all the accused are closely related to each other and are residing at different places.