RAKESH GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant who is an accused before the Sessions Trial No.130/17 pending before the IV Additional Sessions Judge, Chhatarpur filed this criminal revision under Section 397 / 401 of the Cr.P.C. assailing the order dated 30.08.2018 and 12.05.2018 passed by IV Additional Sessions Judge, Chhatarpur in Sessions Trial No.130/17 whereby vide order dated 12.05.2018, the application filed by the applicant under Section 91 of the Cr.P.C. has been dismissed by the trial Court and vide order dated 30.08.2018 framed the charge under Section 376(gha) , 302 (two counts) and 201 of the IPC against the applicant.

(2.) Facts giving rise to this revision, in short, are that a girl i.e. prosecutrix and a boy namely Pankaj @ Monu Pathak fled together on 11.08.2017 and not returned back to their respective house. The family members of both family searched both here and there. On 28.08.2017 police got information that dead body of two persons are lying in the forest. Police Station Orcha on the basis of death of a girl, registered marge intimation No. 28/17 and on the basis of a boy registered marge intimation No. 26/17 under Section 174 of the Cr.P.C.. The connecting articles found nearby, identified by the relatives of the deceased persons and on the basis of that one deceased identified as a girl (prosecutrix) and one boy Pankaj @ Monu Pathak. During investigation, on the basis of circumstantial evidence memorandum, seized article, at the instant of applicant and other co-accused, applicant was found to indulge in this crime. After investigation, charge-sheet against the applicant and other co-accused has been filed for the offence punishable under Section 376(gha) , 302 (two counts) and 201 of the IPC read with Section 34 of the IPC.

(3.) The case committed to the IV Additional Sessions Judge, Chhatarpur for trial. Applicant filed an application in the trial Court before framing the charge under Section 91 of the Cr.P.C. requesting that the call details collected by the police during investigation, is to be filed with charge-sheet. Learned trial Court after hearing both parties passed the impugned order dated 12.05.2018 and mentioning in the order that sought documents have not been filed along with the charge-sheet, it is in the case diary and the applicant can get that documents and may produced those documents in defence, on that basis, dismissed the application filed under Section 91 of the Cr.P.C. and proceed for trial. Vide impugned order dated 30.08.2018 after hearing both parties, the appellate Court found that there is a prima facie material available to proceed against the applicant for the offence punishable under Sections 376(gha) , 302 (two counts) and 201 of the IPC and framed the charge against him.