SHAMBHU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the order impugned dated 17.06.2010 passed in Sessions Trial No. 487 of 2009 by which the learned Additional Judicial Commissioner, F.T.C. X, Ranchi rejected the petition filed under Section 227 of the Code of Criminal Procedure of the Petitioner for the alleged offence under Sections 376/313 of the Indian Penal Code arising out of Doranda P.S. Case No. 137 of 2009.

(2.) The prosecution story in short was that the informant-Opposite Party No. 2 by filing a written complaint before Doranda Police on 13.04.2009 alleged that the Petitioner on false promise that he would marry to her established sexual relationship and continued for the last two years and when she conceived, the Petitioner took her to 'Kantatoli' Hospital where drug was administered and after termination of pregnancy her D.N.C. was held as a result of which she became very weak. She further alleged that the Petitioner-Shambhu Ram even thereafter continued sex with her with the assurance that he would marry to her only after marriage of his elder brother. Whenever she insisted for marriage, she alleged further, the Petitioner refused to marry her. She then informed the matter to the "Mukhia" of her society and that a meeting was about to be convened on this issue but she chose to report the matter at the Police Station. She presented a written report by concluding the allegations that she was threatened that she and her family would be ruined in case she would convey the termination of her pregnancy to any of the members of her family.

(3.) A case was registered under Sections 313/376 of the Indian Penal Code against the Petitioner and the I.O. after investigation submitted charge sheet in the same Sections of offence and the case was committed was received on transfer in the Court of Additional Judicial Commissioner, F.T.C. X, Ranchi where the Petitioner filed a petition for his discharge on the ground that the informant was a major girl and she was a consenting party to the sex with him and therefore, the offence did not come within the ambit of Section 376 of the Indian Penal Code. It was further stated that there was no material or evidence regarding terminating of pregnancy of the informant-O.P. No. 2 so as to attract the offence under Section 313 of the Indian Penal Code.