HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
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`
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
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)
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.