SUMITA MUKHERJEE Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been filed by the applicants under Section 397 read with Section 401 of the Cr.P.C. being aggrieved by order dated 27.2.2013 passed by Fifteenth Additional Sessions Judge, Jabalpur in S.T. No. 567/2011 whereby the charges under Sections 312, 201 of the IPC have been framed against the applicants.

(2.) The facts, in short, giving rise to this revision are that coaccused Prakash Soni had been performing sexual intercourse with prosecutrix for about two years till February, 2011. Last sexual intercourse was performed between them in the month of February, 2011, thereafter, the prosecutrix became pregnant. On 12.5.2011 co-accused Prakash Soni had taken the prosecutrix to the Nursing Home of applicant No. 1, where applicant No. 1 aborted the prosecutrix with the help of other applicants. On the basis of aforesaid allegation, offence under Sections 376, 312, 201 of the IPC has been registered against the co-accused and the applicants.

(3.) It is not in dispute that after investigation co-accused Prakash Soni was charge sheeted, however, an application under Section 169 of the Cr.P.C. was filed by the prosecution itself for releasing the applicants because no sufficient evidence or reasonable ground of suspicion was found by the prosecution against the applicants. It is also on record that committal Court has not disposed of the aforesaid application filed by the prosecution and it appears that he has committed the case to the Court of Session.