TARUN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 has been preferred by the accused/petitioner seeking quashment of an order dated 6 th February 2012 in Sessions Trial No. 84/2012 passed by the Sessions Judge, Gwalior (M.P.), framing thereby charges against the petitioner for commission of an offence punishable under Section 376 of I.P.C., for committing rape over the victim by obtaining her consent in a fraudulent manner under the promise to marry her.

(2.) The facts, in short, are that the accused and victim were the batch mets. They studied in Sofia Homeopathy College, Gwalior, during the relevant period. Due to intimacy, they fell in love with each other. On the pretext to marry with the victim, the accused is alleged to have utilized her to fulfill his desire for sexual intercourse, which continued up to a considerable period. Since, the accused resiled from his promise, the victim lodged an FIR at Mahila Thana Padav Gwalior. After investigation, the charge-sheet was filed and on committal, the sessions trial was commenced. The learned trial Judge by the impugned order framed the charge against the accused for which the present revision has been filed.

(3.) The contention of the learned counsel appearing for the accused is that on perusal of the FIR, case-diary statements of the victim and other witnesses, no case for framing charge against the petitioner is made out. It is submitted that considering the background of the case, it appears that it was a matter of love between the parties and during immense of love, the victim offered herself to the petitioner. Hence, the charge framed by the trial court, according to the learned counsel, is against the facts as appeared from the charge-sheet papers and the principles of law. Therefore, it is prayed that by allowing the revision petition, the accused/petitioner be discharged of the offence. To support his contention, learned counsel for the petitioner has cited various decisions, some of which are Udai Vs. State of Karnataka, 2003 AIR(SC) 1639 and Satish Mehara Vs. Delhi Administration, 1996 SCC(Cri) 1104.