Arjun Singh vs State of U.P.and Another

Bhagwan Din, J.—This criminal revision has been directed against the order dated 1082000, framing charges against the revisionist under Sections 376/506 IPCand 3(1) (xii) SC/ST Act.

A case under Section 376/506 IPC and 3 (1) (xii) SC/ST Act was registered at the P.S. Behat, Saharanpur against the revisionist. The Investigating Officer after completing investigation has submitted chargesheet. After committal of the case to the Court of Sessions, the IInd Additional Sessions Judge heard the counsel for the revisionist and the A.D.G.C. (Criminal) and also perused the record. He was of the view that the allegations, as made in the FIR and the chargesheet are prima facie sufficient to constitute offence punishable under Section 376 and 506 IPC. He was also of the view that since the offence of rape alleged to have been committed on a lady belonging to scheduled caste community, he is liable to be tried under Section 3(1) (xii) of SC/ST Act also and accordingly framed charges. The trial Court directed the revisionist to be tried on the said charges.

Feeling aggrieved of the said order, the revisionist has filed this revision on variety of grounds, mainly that the allegations as made against him are not such as to constitute offence under Section 376/506 IPC and 3 (1) (xii) of SC/ST Act. The trial Court has passed the impugned order without taking into consideration the facts and circumstances of the case.

Heard Sri R.N. Sharma, holding brief of Sri Arvind Vashisth, learned counsel appearing for the revisionist and the learned A.G. A. at length and in detail.

No case for interference in exercise of revisional jurisdiction under Section 397/401 Cr. P.C. is made out.

The revision is dismissed summarily. Revision dismissed.