MANOJ SEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner under Section 482 Cr.P.C against the order dated 24.05.2019 passed by learned Special Judge, Protection of Children from Sexual offence Cases, Churu in Sessions Case No. 104/2018 to the extent of allowing the application under Section 65 of the Evidence Act taking the mobile phone of the respondent no.2 on record and permitting to mark exhibit in evidence.

(2.) Brief facts of the case are that the respondent no.2/prosecutrix filed a complaint against the present petitioner and his father before the court of Additional Chief Judicial Magistrate, Sujangarh, District ChurU stating therein that she is married to Manoj Kumar as per Hindu rites on 20.02.2008. After her marriage, her father purchased a house and gave it to her in which she was residing alongwith family. However, the husband of complainant used to consume 'Bhang' and liquor and used to force her for performing unnatural sex and upon protesting, he used to beat her. It was further stated that the petitioner used to molest her 12 year old sister. The complainant caught her husband red- handed but upon making complaint to her father-in-law, she was turned out from the house. It was also stated that the accused sent messages on whatsapp and other social networking sites bringing disrepute to her mother and sister claiming to having illicit relations with him.

(3.) The said complaint was sent for investigation before the police under Section 156(3) Cr.P.C. The police registered a case being FIR No. 11 dated 08.01.2018 for offence under Sections 323, 327, 309, 377, 354-A, 354-C and 120B IPC.