MOHAN SINGH @ RAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The present criminal revision has been filed by the petitioner Mohan Singh @ Raj Singh challenging the order dated 9.9.2011 passed by the learned Additional Sessions Judge-cum-Special Judge (Women Atrocities and Dowry Cases), Sri Ganganagar in Sessions Case No. 12/2010 whereby he has framed charges against the petitioner for offences under Sections 366, 363, 344 and 120B I.P.C.

(3.) Brief facts necessary for the disposal of the present petition are set out herein below. One Ramesh Kumar lodged a written report at the Police Station Mahila Thana, Sri Ganganagar on 21.5.2010 alleging inter alia that he is a resident of Kedar Chowk, Purani Abadi, Sri Ganganagar. He further alleged that his niece Kanchan Rani was a minor, who went missing on 15.5.2010 whilst her mother, brother and sister had gone out for some work. The whereabouts of Kanchan Rani were searched but no information was forthcoming. The mobile of Kanchan Rani was also switched off. On enquiry being made from the family members and the neighbours, it was found that a few boys living nearby used to talk to Kanchan Rani and that Kanchan Rani used to frequently visit . the house of Pushpa Jangid and Lovely resident of Bharatpur and probably, Pushpa Jangid and one Lovely had taken away Kanchan Rani after coercing her. It has further alleged that Kanchan Rani had also taken away one F.D.R. of Oriental Bank of Commerce and her educational documents with her. On the basis of the aforesaid report, F.I.R. No. 73/2010 was registered and investigation commenced. During the course of investigation, Mst. Kanchan Rani was recovered on 30.5.2010 and her statements were recorded under Sec. 161 Crimial P.C., as per which, the offence under Sec. 376 I.P.C. was added. The petitioner was arrested and the educational documents of the prosecutrix were also seized. Kanchan Rani expressed her desire to go with her paternal aunt Paramjeet Kaur on which she was handed over to Paramjeet Kaur. Thereafter, the statements of the prosecutrix were recorded under Sec. 164 Crimial P.C. on 10.6.2011. The investigation revealed that Kanchan Rani was taken away by the petitioner by giving her false assurance of marriage and thereafter, an affidavit' of marriage was executed on 15.5.2010 and the petitioner contacted physical relations with the prosecutrix between the period off 15.5.2010 to 30.5.2010 and accordingly, a charge-sheet was filed against the petitioner for offence under Sections 363, 366A, 366, 344, 376 and 120B I.P.C. and against one Lalit Kumar for offence under Sections 363, 366, 344 and 120B I.P.C.