Court No. - 49
Case :- CRIMINAL REVISION No. - 2340 of 2018 Revisionist :- Rustam @ Asif Kho Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Azad Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed to quash the order dated 4.6.2018 passed by Additional Session Judge/FTC Court, Varanasi in Session Trial No. 21 of 2018, arising out of Case Crime No. 91 of 2017, State Vs. Rustam @ Asif Khon, under Sections 376, 452, 504, 506 IPC, Police Station Ram Nagar, District Varanasi.
Presently, the applicant has aggrieved by the rejection of the discharge application. It has been submitted that in the first place the victim was consenting party and, therefore, no offence under Section 376 IPC is made out. It has further been submitted that the ingredient of other offence under Section 452 IPC are not shown to be made out. In view of such fact, it has been further submitted that the applicant ought to have been discharged.
Learned A.G.A. on the other hand points out that on the perusal of the material, learned court below has rightly rejected the discharge application as prima facie cognizable offence is made out.
Other pleas that are being set up by the learned counsel for the applicant in his defence would require evidence to be led and argument to be advanced thereon. Admittedly, the applicant has been enlarged on bail, therefore, the revision is dismissed with the observation that the stage of framing of charge, the learned court below shall be mindful of the material that is available with the prosecution and frame only such charge with respect to which evidence is likely to be led before it.
Order Date :- 25.7.2018 Mini