SMT. KAUSHALYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under section 397 read with 401 of the Code of Criminal Procedure has been filed by accused petitioner Smt. Kaushalya against the order dated 26.09.2006 passed by Special Judge, SC/ST Cases, Sikar in Special Case No. 58/2006 whereby charges for the offences under sections 365 & 342 IPC and section 3(1)(x) of the SC/ST Act have been framed.

(2.) At the joint request this revision petition has been heard at the admission stage.

(3.) It was inter alia contended that from the statement of the victim Khetaram it is clear that nobody abducted him forcibly but he himself went along with the petitioner at her house, therefore, prima facie no case is made out for the offence under sections 365 IPC. It was then contended that trial court has framed the charges in a casual manner without applying its mind which is evident from the non-speaking order passed by the trial court while framing the charge.