ABDUL HAMEED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the order dated 28.08.2010 passed by the learned Additional District and Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No. 21/2007, whereby the learned trial court ordered to frame charge against the petitioner for the offence under Sec. 366, 376, 342 and 315 IPC.

(2.) The brief facts of the case are that a complaint was lodged before the learned Chief Judicial Magistrate, Bhilwara on 07.10.2005 by prosecutrix Ruksana Bano stating inter alia that she is wife of Mohammed Hanif and there are four children out of their wedlock. The mental condition of the husband of the prosecutrix was not balanced and because of that, he left the prosecutrix six years ago and never returned back. It was alleged that the petitioner came to the prosecutrix and said that her husband is lying on the road and on hearing this, the prosecutrix accompanied the petitioner. The petitioner took her to some abandoned house and committed rape with her. The prosecutrix got pregnant and that child was aborted and she was threatened that if she disclosed the fact, she would be done away. Thereafter, she again became pregnant in Sept. 2002 and that child was also got aborted by the petitioner. Thereafter also the petitioner continued to ravish her and when he told the prosecutrix that he would rape her daughter and keep her with him, the prosecutrix lodged the aforesaid complaint. The case was forwarded under Sec. 156(3) Crimial P.C. to the Police Station Pratap Nagar, Bhilwara and pursuant to that FIR No. 604/2005 under Sec. 366, 376, 344, 323, 392, 452, 313 and 201 Penal Code was registered and investigation was commenced.

(3.) After usual investigation, police filed a charge-sheet against the petitioner for the offence under Sec. 376, 366, 342 and 315 IPC. The learned Magistrate took cognizance against the petitioner for the aforesaid offences and committed the case for trial to the Court of Sessions and ultimately the case was transferred to the Court of Additional Sessions Judge (Women Atrocities Cases), Bhilwara for trial. The learned trial court vide the impugned order dated 28.08.2010 framed charge against the petitioner for the offence under Sec. 366, 376, 342 and 315 IPC.