SUKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision is preferred against the order dtd. 27/4/2023 passed by the learned Additional Sessions Judge-IV, Bokaro in Sessions Trial No.478 of 2022, whereby the application for discharge of the petitioner under Sec. 227 of the Code of Criminal Procedure had been rejected.

(2.) The brief facts leading to this Criminal Revision are that an application under Sec. 227 of the Code of Criminal Procedure was moved on behalf of the petitioner-accused before the learned trial Court in S.T. No.478 of 2022 (State Vs. Sukesh Kumar) under Sec. 376 (2) (n), 504 and 506 of the Indian Penal Code pending before the Court of learned Additional Sessions Judge-IV, Bokaro on these grounds that from the very allegations made in the FIR, since no ingredients under Sec. 375 of the Indian Penal Code, which is punishable under Sec. 376 of the Indian Penal Code, no offence is made out against the petitioner. As per the FIR allegations, the victim was major, her date of birth was of 1996. Even on the alleged date of occurrence in the year 2018, the victim was major. As per the allegations made by the victim herself, the relations between them were consensual. Even if the allegations made in the FIR were taken to be correct, on the basis of the same, no offence is made out against the petitioner- accused. There is no mens rea on the part of the petitioner to play any fraud upon the complainant-victim in regard to obtain her consent on the alleged pretext of marriage. In view of the above, prayed to discharge the petitioner- accused.

(3.) The learned trial Court passed the order dtd. 27/4/2023, whereby the application of the petitioner for discharge was rejected.