SIDHANTH SINGH CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. has been preferred claiming the following reliefs:-

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the complainant-prosecutrix submitted a typed report alleging therein that since the past 2 years, to the filing of such report, she was visiting the Bhilwara Court premises, and that the petitioner offered her legal assistance and obtained her mobile phone number. On such pretext, one day the petitioner visited her house and offered her some 'prasad', after consuming the same, she became unconscious, and thereafter, the petitioner established physical relations with her, thereby violated her person. The petitioner had also made a video of the same, and threatened the prosecutrix, stating that he would upload the said video, online. It was further alleged that the petitioner had promised to marry the prosecutrix and also took some money and ornaments from her on such promise, and that not only the petitioner but also other family of his threatened and assaulted her. Upon receipt of such report, a case was registered, subsequent thereto a charge-sheet was filed for the offences under Ss. 323, 376(2)(n), 384 and 354 IPC.

(3.) Learned counsel for the petitioner submitted that an application was filed under Sec. 65B of the Evidence Act, 1872 on behalf of the petitioner, to place on record screenshots of conversations on 'Whatsapp Messenger' between the prosecutrix and the petitioner, certain photographs sent to the petitioner by the prosecutrix and some other phone call recordings of the petitioner and the prosecutrix, along the requisite certificate as required under the said Sec. , which was sought to be placed on the record before the learned Court below; but the said application was rejected by the learned court below vide the impugned order dtd. 30/9/2022.