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Vikas vs State & Anr on 26 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 290 / 2017
Vikas S/o Shri Liladhar, Aged About 22 Years, By Caste Jat,
Resident of Kanau, Tehsil Bhadra, District Hanumangarh

—-Petitioner
Versus

1. State of Rajasthan

2. Monika @ Meena W/o Vikas D/o Shri Jagatpal, By Caste Jat,
Resident of Kanau, at present resident of Mehriya, Tehsil
Bhadra, District Hanumangarh`

—-Respondents
__
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. L.R. Upadhyay, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
26/04/2017

Heard learned counsel for petitioner as well as learned Public

Prosecutor and perused impugned order dated 09.02.2017,

passed by Additional Sessions Judge, Bhadra, District

Hanumangarh (for short, ‘learned trial Court’). By the order

impugned, learned trial Court has framed charge against the

petitioner for offence under Sections 498A and 406 IPC as well as

offence under Section 313 I.P.C.

It is submitted by learned counsel for the petitioner that

there was no evidence worth the name to connect accused-

petitioner with offence under Section 313 I.P.C., therefore, charge

framed under that Section is not sustainable. Learned counsel

further argued that respondent-complainant is suffering from

acquired immunodeficiency syndrome, and therefore, she herself
(2 of 2)
[CRLR-290/2017]

had volunteered for abortion.

Per contra, learned Public Prosecutor has stoutly defended

the impugned order.

Upon perusal of impugned order, it is amply clear that

petitioner has made an attempt to administer certain drugs to the

respondent-complainant and also used some vaccines which has

resulted in termination of pregnancy.

In this view of the matter, prima facie, learned trial Court

has found some evidence to frame charge under Section 313 IPC,

which cannot be faulted.

In view of foregoing discussion, the petition fails and the

same is hereby dismissed.

(P.K. LOHRA)J.

Bharti/11

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