Sudip Ahluwalia, J. - (1.) This Revisional Application has been preferred against the Order No. 1 passed by the Ld. Additional Sessions Judge, 3rd First Track Court at Malda on 06.12.2013 in ST Case No. 32 of 2013 of his Court. By virtue of the said order the Ld. Trial Judge had been pleased to frame charges under Ss. 417, 376 and 313 of the IPC against the petitioner.
(2.) The background of the matter is that the de -facto complainant namely Smt. Rina Mardi had lodged the FIR against the petitioner in the English Bazar P.S. on 23.11.2011. The substance of her complaint was that she was a lady deserted by her husband; that the petitioner asked her to work in his houses as a maid servant; that the petitioner appointed her for such work in presence of his mother who later on went to Kolkata; that the petitioner thereafter told the complainant that he had already been divorced from his wife; that he thereafter had intimate relationship with the complainant by promising to marry her; that subsequently the complainant become pregnant and asked the petitioner to marry him to which he replied that he would do so after his mother's return; that even after his mother's returned the petitioner did not marry her, but later terminated her pregnancy.
(3.) The contention of the petitioner is that the aforesaid FIR does not show the existence of any ingredients to sustain the allegations of the offence of cheating, rape or causing miscarriage of the complainant's pregnancy, in the light of the material available as well as the settled law.;