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Gulam Dastgeer @ Jia vs State Of Rajasthan And Anr on 3 April, 2018

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

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