SUNDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition have been preferred by applicant under Section 397 and 401 of Criminal Procedure Code, 1973, here-in-after in short "the Code" against the impugned order dated 20.03.2013 passed by the First Additional Sessions Judge Khurai, District Sagar in Sessions Trial No.40/2013 by which learned trial Court framed charge against applicant punishable under Section 376 of the Indian Penal Code.

(2.) Facts and circumstances giving rise to this case are that the prosecutrix lodged the report on dated 05.05.2011 that the accused has committed rape on her on dated March 15, 2009 while she was traveling by train about three years ago. The explanation for the delay was given that the accused had given her threat to kill. Offence registered under Section 376, 420 and 506 of IPC, after due investigation, challan was filed.

(3.) Since the case was exclusively triable by the Court of Sessions, therefore, after committal the case to the Court of Sessions Judge, from where it was received in the learned trial Court for the trial. Learned trial Court, after taking into consideration the challan papers, framed charge against applicant under Section 376 of IPC, which is denied. Against this order, the instant revision petition has been filed.