SABOOR ALAM Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. By this Criminal Revision under Section 397 /401 of Cr.P.C. the applicant has challenged the order dated 26.9.2013 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act (for short "Special Act"), Raisen in Special Case No. 1112013 whereby charges of offence under Sections 376(2)(h), 306 of IPC, Sections 4 /12 of Protection of Children from Sexual Offences Act, Section 67(A) of I.T. Act and Section 3(2)(v) of Special Act were framed against the applicants.

(2.) The prosecution case, in short, is that the deceased was below 18 years of age. She had relations with one Basant Banjara, and therefore she was pregnant. The applicants took the prosecutrix in a jungle and thereafter they committed rape upon her. The applicant Saboor made a movie of that vulgar act and thereafter an MMS was prepared and sent to Basant Banjara. Due to that defamation the prosecutrix committed suicide. From Basant Banjara a mobile SIM was recovered and it was found that MMS was sent by the applicant to him. After due investigation the charge sheet was filed and the learned Special Judge, Raisen after hearing the learned counsel for the parties framed the aforesaid charges against the applicant.

(3.) After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that no illegality or perversity is visible in the order passed by the learned special judge. At the stage of framing of charges, appreciation of evidence cannot be done. Prima facie it would be seen that whether the concerned charge is made out against the accused or not. In the present case by a SIM of Basant Banjara it was found that MMS was sent by the applicant, and therefore it would be presumed that he was making a film of vulgar act with co-accused with the deceased. Under such circumstances, his intention to commit rape by the co-accused upon the deceased is very well established. Prima facie offence under Section 376(2)(h) of IPC will be made out.