MOHAN RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed under Sec. 397/401 Cr.P.C. against the order dtd. 4/5/2019 passed by the learned Special Judge (POCSO Cases), Jodhpur Metropolitan, Distt. Jodhpur in Sessions Case No. 23/2019, by which the learned trial court framed the charges against the petitioner for offence under Sec. 376(3), 376D(A) read with 120-B, 366-A IPC and Sec. 5(g) and 6 of the POCSO Act.

(2.) Learned counsel for the petitioner does not challenge the order framing charge for other offences but so far as offence under Sec. 366-A IPC is concerned, it is argued that on perusal of FIR as well as the challan papers, the offence punishable under Sec. 366-A IPC is not made out against the petitioner It is submitted that the petitioner has not forced or seduced the prosecutrix to commit intercourse with the other person. In these circumstances, offence under Sec. 366-A IPC is not at all made out against him. Therefore, the impugned order framing charge against the petitioner for offence under Sec. 366-A IPC is liable to be set aside.

(3.) Per contra, learned Public Prosecutor supported the order passed by the learned trial Court and argued that the police after thorough investigation submitted challan against the petitioner and the trial court after going through the entire record, has rightly framed charges against the petitioner. Therefore, the impugned order framing charges does not require any interference by this Court.