RAJESH KUMAR KUSWAHA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, this petition is heard finally. This petition under Section 482 of Cr.P.C. has been preferred by the petitioner herein/accused for quashing the order dated 18.6.2013 passed by the Special Judge, Morena in Special Sessions Trial No. 1/2013 (State of M.P. Vs. Rajesh Kumar Kushwaha) so far as it relates to framing of charge under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short "the Act") against him.

(2.) Short facts of the case are that on 16.5.2013 at about 2:00 PM the prosecutrix aged 16 years went to the field of one Ramjilal Kushwaha to attend natural call and attended the same, at that time, accused, Rajesh Kumar Kushwaha came there and caught hold of her and threw her on the field and forcibly committed rape upon her. When the prosecutrix raised an alarm, her brothers came there. On seeing them, the accused ran way from the spot. The prosecutrix reached her house and narrated the entire incident to her mother and other family members. The prosecutrix went to the Police Station Matabasaiya, Morena along with her parents on 18.5.2013 and lodged a report. The police got examined the prosecutrix by doctor and started investigation. After due investigation, a charge-sheet was filed for the offence punishable under Sections 376 of IPC and 3/4 of the Act against, the accused Rajesh Kumar Kushwaha before the Court.

(3.) The learned Trial Judge on the basis of material placed on record framed charge punishable under Sections 376 of IPC and 4 of the Act against the accused vide order dated 18.6.2013. He abjured the guilt.