KASHMIR SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 Code of Criminal Procedure against the order dated 18.3.2009, passed by learned Additional Sessions Judge, Kapurthala, in revision petition filed against the order passed by learned Additional Chief Judicial Magistrate, Kapurthala, dated 13.9.2003, summoning the Petitioner to face trial for offences under Sections 342/354 IPC, vide which the revision petition was partly accepted and it was observed that offences under Sections 323, 376 read with Section 511 IPC are also made out against the present revision Petitioner-Kashmir Singh.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully.

(3.) It has been contended by learned Counsel for the revision Petitioner that Respondent-complainant Jasbir Kaur is in the habit of filing of this type of false complaints against innocent persons and that earlier as well she had lodged an FIR No. 11, dated 4.4.2004 for offences under Sections 376, 506 IPC against one Gurinderjit Singh and however, later on she did not support the prosecution version and accused was acquitted. It is further contended that on the evidence adduced before learned Additional Chief Judicial Magistrate, Kapurthala, by the complainant, prima facie, case for offences punishable under Sections 342, 354 IPC was found and hence, Petitioner was summoned to face trial under the said offences and however, learned Additional Sessions Judge, Kapurthala, committed illegality in coming to the conclusion that prima facie case for offences under Sections 323, 376 read with Section 511 IPC is also made out on the same evidence. It has been contended that no medical evidence has been placed on record by the complainant and hence it is contended that the impugned order passed by learned Additional Sessions Judge, Kapurthala, cannot be sustained in the eyes of law.