Saboor Alam vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard on the question of admission. By this Criminal Revision u/s 397 /401 of Cr.P.C. the applicant has challenged the order dated 26.9.2013 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act (for short "Special Act"), Raisen in Special Case No. 1112013 whereby charges of offence under Sections 376(2)(h), 306 of IPC, Sections 4 /12 of Protection of Children from Sexual Offences Act, Section 67(A) of I.T. Act and Section 3(2)(v) of Special Act were framed against the applicants.

The prosecution case, in short, is that the deceased was below 18 years of age. She had relations with one Basant Banjara, and therefore she was pregnant. The applicants took the prosecutrix in a jungle and thereafter they committed rape upon her. The applicant Saboor made a movie of that vulgar act and thereafter an MMS was prepared and sent to Basant Banjara. Due to that defamation the prosecutrix committed suicide. From Basant Banjara a mobile SIM was recovered and it was found that MMS was sent by the applicant to him. After due investigation the charge sheet was filed and the learned Special Judge, Raisen after hearing the learned counsel for the parties framed the aforesaid charges against the applicant.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that no illegality or perversity is visible in the order passed by the learned special judge. At the stage of framing of charges, appreciation of evidence cannot be done. Prima facie it would be seen that whether the concerned charge is made out against the accused or not. In the present case by a SIM of Basant Banjara it was found that MMS was sent by the applicant, and therefore it would be presumed that he was making a film of vulgar act with co-accused with the deceased. Under such circumstances, his intention to commit rape by the co-accused upon the deceased is very well established. Prima facie offence u/s 376(2)(h) of IPC will be made out.

Similarly, a film was prepared and it was transmitted to the mobile of Basant Banjara, and therefore offence u/s 67(A) of IT Act is made out. Since the deceased was below 18 years of age, therefore offence under Sections 4 /12 of Protection of Children from Sexual Offences Act shall be constituted against the applicant. By such an act the applicant left no option to the deceased except to commit suicide. Prima facie it cannot be said that no offence u/s 306 of IPC is made out. It is yet to be rebutted by the applicant that he did not commit any offence, and therefore prima facie offence u/s 3(2)(v) of the Special Act will also constitute. There is no reason by which any interference can be done in the impugned order.

Consequently, the revision filed by the present applicant is hereby dismissed at motion stage. A copy of this order be sent to the trial Court for information.