HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 500/2018
Gulam Dastgeer @ Jia S/o Late Shri Hussain Jodd B/c Musalman,
Aged About 47 Years, R/o Ward No. 11, Near Krishna Pathshala,
Fatehpur Town, Distt. Sikar (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan Through P.p.
2. Anwar Ali Parihar S/o Shri Mohiyudin Khan B/c
Kayamkhani, R/o Ward No. 11, Near Kuvati Masjid,
Fatehpur Town, Distt. Sikar (Raj.)
—-Respondents
For Petitioner(s) : Mr. Deepak Soni
For Respondent(s) : Mr. V.S. Godara, PP
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Judgment / Order
03/04/2018
Heard learned counsel for the accused-petitioner.
This revision petition has been preferred against the order
dated 27.02.2018 whereby learned trial Court has framed charges
for the offence under Section 5(l)/6 POCSO Act and alternatively
under Section 377 IPC.
Learned counsel for the petitioner contends that in view of
the medical report of victim, there is no sufficient evidence to
frame charge for the aforesaid offences. He has also drawn
attention of this Court towards the statement of victim Sameer Ali
and his mother Smt. Sabila.
On perusal of the medical report, it is found that in opinion
given by the Board of Medical Officers, it is mentioned that
(2 of 2) [CRLR-500/2018]
“nothing is suggestive that anal coitus has not been done”. This
clearly indicates the prima facie evidence of commission of the
offence. Further the statements of Sameer Ali prima facie fortifies
the allegations on the basis of which sufficient material is available
to frame the charge. The statements of Sabila also do not lay any
support to the accused-petitioner. On perusal of the material
available on record and placed alongwith the charge-sheet, no
infirmity or illegality is found in the order impugned framing the
charge against the accused-petitioner.
The revision petition is dismissed having no substance.
(DEEPAK MAHESHWARI),J
Arun/90