MOTA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. praying that the order dated 08.10.2015, whereby petitioner has been charged for the offences under Sections 451, 354 I.P.C. by the trial Court be set aside along with order dated 21.06.2016 passed by the Court of Sessions Judge, Sikar, who while exercising revisional powers has affirmed the order passed by the trial Court.

(2.) Counsel for the petitioner submits that complainant Smt. Shankari Devi W/o Shankar Lal on 02.08.2009 had lodged a report that petitioner had made an attempt to outrage her modesty. She further stated that petitioner had trespassed into her house to commit the said offence. Petitioner has raised a plea that he is a police constable and at the relevant time was posted in the Office of Deputy Superintendent of Police, Circle Fatehpur, Sikar and was performing his duties. The plea of alibi has been raised by the petitioner. Counsel for the petitioner submits that petitioner had earlier approached this Court by filing S.B. Criminal Misc. Petition No.1789/2012 and on 30.05.2012 a coordinate Bench of this Court had passed the following order:-

(3.) Counsel for the petitioner submits that documents in favour of the petitioner have not been considered by the trial Court and the charges have been framed in a mechanical manner. Counsel for the petitioner has relied upon State of M.P. v. Mohanlal Soni, (2000) 6 SCC 338, to contend that under the orders passed by the High Court, documents made available by the accused during investigation can be taken into consideration by the trial Court while framing charges.