RANJEET KAUR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal revision under section 397 read with section 401 CrPC is directed against the order passed by the learned 1st Additional Sessions Judge, Mandsaur in S.T.No.222/2014 dated 27.1.2015.

(2.) THE relevant facts are that the present applicant Smt. Ranjeet Kaur @ Rani Tuteja is a woman and facing trial in the aforementioned session case. She filed an application under section 227 of CrPC that she was falsely implicated in the case. As per the prosecution story, the present applicant along with her brother went to the house of the prosecutrix. It is alleged that her brother gave the prosecutrix some liquid to drink and after drinking the liquid the prosecutrix felt hypnotized and when she regained consciousness she felt that during the stage of hypnotism, rape was committed on her. The real fact of the case are that the brother of the present applicant and the prosecutrix got married in Aiya Samaj Mandir on 7.5.2007. As the present applicant was also present when the marriage book place and she appears in the photographs also, she is falsely implicated.

(3.) LEARNED counsel for the applicant places reliance on the judgment of Hon 'ble the apex Court in the case of Priya Patel v. State of M.P. [2006(2) Vidhi Bhasvar 223=AIR 2006 SC 2639], in which it was held that woman cannot be charged under section 376 of IPC for committing rape. According to the definition given in section 375 of IPC only a man can commit rape on a woman. The Hon 'ble apex Court further observed in para 6 that