JOGINDER SINGH @ JEAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN terms of impugned order dated 12.3.2013, the learned Additional Sessions Judge, FTC, Chamba in Sessions Trial No. 59 of 2012, titled as State v. Anjna and others, has charged the present petitioner Joginder Singh @ Jeen for having committed offences punishable under the provisions of Section 5 of the Immoral Traffic (Prevention) Act, 1956 as also Section 376/511 all read with Section 120 -B of the Indian Penal Code. The challenge in this petition, filed under the provisions of Section 397/401 read with Section 482 of the Code of Criminal Procedure is on the ground that the charges have been framed, in a stereotyped manner, against all the co -accused without any basis or material on record.

(2.) HAVING heard learned Counsel for the parties and also perused the record, I am of the considered view that petition only merits rejection.

(3.) AS per the case of the prosecution, accused Anjana Devi, Joginder Singh and Anita conspired and kidnapped the prosecutrix, a minor girl, with an intent to procure her for the purpose of prostitution. They took her to various places where she was subjected to rape. In Chamba the present petitioner attempted to rape her. She was forced to have illicit relationship with various other persons. Police got to know of the same, found the prosecutrix and recorded her statement under Section 154 Cr.P.C., on the basis of which F.I.R. was registered.