JALEES KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED with the order dated 17.3.2015 passed by the Additional Sessions Judge, Kaman (District Bharatpur) in Sessions Case No. 19/2014 whereby the learned trial Court has dismissed the application filed by the petitioner under Section 177 read with Section 227 Cr.P.C., the accused -petitioner has come to this Court by way of this Criminal Misc. Petition under Section 482 Cr.P.C. with a prayer to set aside the impugned order and by allowing the aforesaid application to discharge the petitioner for the offence under Section 376 IPC. By way of aforesaid application, it was prayed by the petitioner that he is liable to be discharged as the trial Court does not have territorial jurisdiction to try him for the aforesaid offence as per prosecution case itself the offence to the extent of the petitioner did not occur within the territorial jurisdiction of the trial Court.

(2.) BRIEF relevant facts for the disposal of the present petition are as below: - -

(3.) ON the other hand, it was submitted by the learned Public Prosecutor that the entire incident of the present case occurred in a serious of transactions which commenced with the abduction of the prosecutrix on 20.10.2011 from her village and the incident came to an end only when she escaped from the custody of the accused -persons and recovered by the police. It was further submitted that the offence of rape committed by the petitioner is part and parcel of the same incident and was committed in continuous of the initial incident of abduction which is a continuous offence.