PRASANT GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants/accused has filed this criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. against the order dtd. 22/8/2023 passed by the 10th Additional Sessions Judge, Bhopal in Sessions Trial No. 791/2022, whereby the charges under Sec. 376 r/w 34, 190 and 506-II of IPC have been framed against the applicants.

(2.) Brief facts of the case are that on 21/8/2022 prosecutrix lodged a report at Police Station Chhola Mandir, District Bhopal Dehat alleging that co-accused Abhishek Gupta (son of applicant No.2 and brother of applicant No.1) lived in her neighbourhood, therefore, she was acquaintance to him. On 12/4/2021 co-accused Abhishek Gupta came to her house and proposed her for marriage to which she agreed. On 8/7/2021, prosecutrix went to the house of accused and gave her consent regarding marriage with Abhishek to his mother (applicant No.2) and his brother (applicant No.1). At that time, applicants forcibly sent the prosecutrix with co-accused Abhishek and closed the door of room where Abhishek made physical relation with prosecutrix. On 2/8/2021, in New Shikha Hotel, co-accused Abhishek and prosecutrix exchanged rings. Abhishek assured her for marriage and established physical relation with her. On the next day, prosecutrix went to applicants' house and informed them regarding the said incident then applicants told the prosecutrix that to make physical relations before marriage is now-a-days common and they again sent Abhishek and prosecutrix in a room and closed the door where Abhishek again made physical relation with prosecutrix. At that time, applicants were sitting outside the room. On 29/12/2021, mother of prosecutrix died due to cancer thereafter applicants denied to get married Abhishek with prosecutrix. Hence, prosecutrix lodged a report against the applicants and co-accused person at Police Station Chhola Mandir, District Bhopal Dehat under Ss. 376, 376(2)(n), 190, 506-II and 34 of IPC. Statements of prosecutrix under Sec. 161 and 164 of Cr.P.C. have been recorded. After investigation, charge-sheet has been filed.

(3.) After committal of the case an application was filed under Sec. 227 of Cr.P.C. on behalf of applicants for discharging them from the case but the same was dismissed and the learned trial court framed the charges against the applicants under Sec. 376 r/w 34, 506-II and 190 of IPC which has been assailed in this revision application.