SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Section 397 r/w Section 401 Cr.P.C. is directed against the order passed by the learned 9th Additional Sessions Judge, Ujjain in Sessions Trial No.142/2016 dated 04.05.2016 whereby the learned Additional Sessions Judge framed charges under Sections 354(a)(i)(ii), 376(2)(i)(n), 306 r/w Section 34 and Sections 3/4, 5/6and 7/8 of Protection of Children from Sexual Offences Act.

(2.) The prosecution case in brief is that the deceased Divyanshi @ Charu Soni committed suicide by hanging herself. In her dying declaration and also in the messages she saved on her mobile phone bearing No.8889500455, she expressed that due to her physical abuse by the present applicant and other co-accused Prabhansh @ Bobby, Praduman @ Moni, committed suicide. In the messages, name of other co-accused were mentioned. However, so far as the present applicant is concerned, only his mobile number was mentioned in the messages. It was a case of the prosecution that the present applicant used to talk to her for long duration during late hours in the night.

(3.) Learned counsel for the applicant submits that there are no ingredients present against the present applicant for abetment as described under Section 107 of IPC.