CHHOTU @ RAJBHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this revision under Section 397 read with Section 401 of Cr.P.C., being aggrieved by the order dated 30.11.2018 passed in Special Sessions Case No.43/2018 by Additional Sessions Judge, Pawai District Panna whereby, learned trial Court framed the charge against the applicant for the offence punishable under Section 376 (1) of IPC and Section 3 read with Section 4 of POSCO Act and under Section 306 of IPC.

(2.) Facts giving rise to this revision, in short, are that the prosecutrix was a minor girl. Applicant developed a relation with her and she was found in the room in a compromising position, the applicant was doing inter-course with the prosecutrix. The aforesaid act was seen by the brother of the prosecutrix, he objected and made a complaint to his mother. Thereafter, prosecutrix committed suicide. The matter was reported to the Police Station Shah Nagar where merg intimation 0/192/18 was recorded under Section 174 of Cr.P.C. On 14.07.2018. During the enquiry of merg, it was found that prosecutrix was below the age of 15 years and applicant was aged 20 years, he allured her and took the consent of the prosecutrix and committed sexual inter-course with her. When this matter was informed to the family members of the prosecutrix, she by pouring kerosene on her set ablaze. Crime No.248/2018 was registered against the applicant under Sections 306 and 376 of IPC and under Section 3 read with Section 4 of POSCO Act 2012. During investigation, slide of vaginal smear prepared by the concerning doctor send for examination to FSL Sagar as well as for DNA Test. Charge-sheet came to be filed before the Court of JMFC where from the case send for the Special Court constituted for the trial of the offence punishable under the POSCO Act. The Special Court vide impugned order framed the charge against the applicant under Section 376 (1) of IPC , under Section 3 read with Section 4 of POSCO Act and under Section 306 of IPC.

(3.) Learned counsel for the applicant contended that trial Court has not considered the material available along with the charge-sheet. There is no prima facie case made out against the applicant. The date of incident is 13.07.2018. The information was recorded in Roznamacha on 14.08.2018 and FIR was lodged on 09.09.2018 and on the same day, the statement of the witnesses were recorded by the Investigating Officer. No suicide note was recovered. He further submits that prosecutrix was at the time of alleged incident was 16 years and no offence under Section -? of POSCO Act is made out against the applicant and also no case for the offence under Section 376 (1) of IPC is made out. For the offence under Section 306 of IPC, it is mentioned in the statement that the applicant has not instigated or abated the prosecutrix for suicide. Brother of the prosecutrix scolded her and being annoyed of that act, she committed suicide. There is no ingredients of the offence under Section 306 of IPC is made out against the applicant and prayed to set aside the impugned order and discharge the applicant.