AMIT KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision has been filed on 28.6.2019 under section 397/401 of the Code of Criminal Procedure, 1973 against the order dated 28.3.2019 passed in Sessions Trial No.83/2019 by the 18th Additional Sessions Judge, Bhopal.

(2.) By the impugned order, the learned lower Court framed the charges against the petitioner under sections 376(2)(n) and 506-II of PIC, which are as under:-

(3.) It is submitted by the petitioner that prosecutrix is a married woman, who was married with Rakesh Gohiya since 7-8 years back from the date of incident. She is also having a child. The petitioner and prosecutrix both are resided in the same locality. The trial court committed mistake by framing the charges. It should have been held that from the fact and circumstances of the case prima facie no sufficient ground is found to proceed further. It is also submitted that the husband of prosecutrix has filed a suit under section 13 of the Hindu Marriage Act for divorce. The prosecutrix was residing in her parental house since 3 to 4 years back. Therefore, it would not be possible for the petitioner to make a false promise to marry in near future. The petitioner also lodged various reports against the prosecutrix to the Superintendent of Police, Hoshangabad on 12.4.2018 and 28.4.2018. He also filed whatsapp screen shots of the prosecutrix as Document No.5. The prosecutrix was able to knew all the circumstances and was in the position to give the consent for committing sexual intercourse with her. She was a consenting party. There was no any false promise by the petitioner. Therefore, the petitioner ought to be discharged. But the trial court framed the charges without any sufficient ground. Therefore, it is prayed that the charges be set aside and the petitioner be discharged.