AJAY KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of order dtd. 31.05.2014 passed by the court of learned Additional Sessions Judge Doda (hereinafter referred to as the trial court), by virtue of which the charges against the petitioner have been framed for commission of offences under sec. 5 of PITA and sections 366/376/493 RPC.

(2.) The order dtd. 31.05.2014 passed by the trial court, has been impugned on the following grounds:

(3.) Mr. Vijay Gupta, learned counsel for the petitioner argued that in view of the statement of the prosecutrix, no offence is made out against the petitioner. He laid stress that person, namely, Praveen has neither been cited as witness nor has been arrayed as accused, who had allegedly handed over the custody of the prosecutrix to the petitioner and as such, the petitioner cannot be convicted for commission of above mentioned offences. He further argued that on similar allegations, the petitioner was discharged by the court of learned Special Municipal Magistrate, therefore, he cannot be put to trial again.