POORVA GOYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant/accused has filed this criminal revision under Sec. 397 read with Sec. 401 of Crimial P.C. against the order dated 08.11.2014 passed by the 5th Additional Sessions Judge, Gwalior in Sessions Trial No. 188/2015, whereby the charges under Sec. 323 and 376-D of Penal Code has been framed against the applicant.

(2.) Brief facts of the case are that on 08.11.2014 prosecutrix lodged a report at police station Bahodapur that prosecutrix and co-accused Dheeraj Goyal met in Vinay Nagar, Bahodapur and thereafter he took the prosecutrix to his house where the applicant (wife of Dheeraj Goyal) was not present. After some time Dheeraj Goyal caught hold hand of the prosecutrix and also acted in obscene manner with the prosecutrix. After some time applicant came there and asked that why she has come to her house and gave beating to prosecutrix. On the basis of this report police registered FIR bearing crime No. 872/2014 under Sec. 354,323 read with Sec. 34 of IPC. After recording the statement of prosecutrix and witnesses, the charge-sheet was filed under Sections 294, 354, 323 and 376-D read with Sec. 34 of Penal Code before the competent Court.

(3.) After committal of the case an application was filed under Sec. 227 of Crimial P.C. on behalf of applicant for discharging her from the case but the same was dismissed and the learned trial court framed the charges against the applicant under Sections 323 and 376-D of Penal Code which has been assailed in this revision application.