BIBI GULSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prosecutrix/complainant of Complaint Case No. 705/2003 has preferred this application for quashing of order dated 12.7.2006 passed by Sri Sitaram Pandey, Sessions Judge, Madhepura, in Cr. Revision No. 167 of 2005 whereby the revision against the order dated 21.9.2005 passed by Sri J.P. Kisku, Judicial Magistrate 1st Class, Madhepura, taking cognizance of offences under Sections 323, 354, 379 and 504 of the Indian Penal Code, preferred by the petitioner herein has been dismissed. In addition a prayer has also been made for issuance of direction to the trial court to take cognizance also for the offence under Sec.376 I.P.C. against the six accused persons named in the complaint and impleaded as opposite party nos. 2 to 7 herein.

(2.) THE primary grievance of the petitioner is that notwithstanding a specific and clear case of the commission of rape having been made out from the statement of the prosecutrix on S.A. and the deposition of her witnesses at the enquiry under Sec.202 Cr.P.C. yet the iearned Magistrate had curiously failed to take cognizance also of the offence under Sec.376 I.P.C. and the learned Sessions Judge had erred in rejecting the revision wherein the prosecutrix had sought for direction to follow to the trial court for addition of Sec.376 I.P.C. amongst the offences whereof cognizance had been taken.

(3.) THE learned Sessions Judge in the impugned order dated 12.7.2006 has rightly observed that the petitioner has remedy for redressal of her grievance at the time of hearing on charge matter and if she succeeds to show the commission of the offence of rape, the learned Magistrate has power to commit the case when it appears that a prima facie case triable exclusively by the Court of Sessions is made out.