RAVINDRA GHOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being. aggrieved by the impugned Order dated 25.03.2013 passed by the 4th Additional Sessions Judge, Tikamgarh, in S.T. No. 241/11 (State of M.P. vs. Ravindra Ghosh), accused/petitioner has filed this revision petition under Section 397/401 of Criminal Procedure Code, 1973.

(2.) The learned trial Court by the impugned order framed the charges against the petitioner for alleged offence punishable under Sections 363 and 366 of the IPC stating that petitioner had kidnapped the prosecutrix from the lawful guardianship of her father Balchand Ghosh against her will for the purpose of performing marriage and for committing sexual intercourse with her.

(3.) The brief facts of the case are that a report received at Police Station, Jatara, District-Tikamgarh that the prosecutrix was missing since 06.09.2011. The information disclosed that the prosecutrix went out from her house at about 6 A.M. and did not come back, therefore, missing person report was registered. When prosecutrix recovered, she made a statement before the SDM, Jatara. Statement of her father and other witnesses were also recorded. On the basis of evidence collected during the investigation, the police submitted challan against the petitioner.