KRISHNPAL SINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Sec. 438 read with Sec. 442 of the BNSS, 2023 is preferred being aggrieved order dtd. 20/1/2026 (Annexure-P/1) in ST No.06/2024 by Second Additional Session Judge, Sonkatch, District Dewas (MP) whereby application for Spectrography and summoning the call details of whatsapp chat and instagram history from 15/12/2023 to 15/12/2024 regarding cell number of mother of the victim and one witness have been rejected.

(2.) The petitioner/accused is facing trial for charges under Sec. 354, 354(a), 509 & 506 (Part-II) of the IPC and Sec. 11 read with Sec. 12 of the POCSO Act, 2012 in a case arising out of crime No.42/2024 registered at P.S.- Pipalrawan, District Dewas (MP).

(3.) The above prayer was with the averments that he was in love affair with a minor victim. Consent of a minor victim is immaterial and the prayer of the petitioner/accused tends to expose the victim and amounts to further victimization of the child victim. Hence, the trial court committed no illegality in rejecting the prayer. Accordingly, this revision petition is dismissed.