SANDEEP MEHTA,J. - (1.) By way of this revision, the petitioner accused Prem Raj Meena has approached this Court for challenging the order dated 03.06.2017 passed by the learned Additional Sessions Judge, Rajsamand in Sessions Case No. 32/2016 whereby, the learned trial court directed framing of charge against the petitioner for the offence under Section 376 IPC.
(2.) Notice of the revision has been served on the complainant respondent No. 2 but nobody has put in appearance on his behalf to argue the matter.
(3.) Facts in brief are that Chhog Singh respondent No. 2 lodged a written report at the Police Station Diver, District Rajsamand on 24.02.2016 alleging inter alia that he received a call on the very same day that his daughter Mst. 'P' was sitting in a destitute condition at the police station Diver. On this, the complainant immediately rushed to the police station with his wife and came to know that his daughter had been found roaming around carelessly at Deogarh Bus Stand. On inquiry being made from the girl, she disclosed that her teacher Prem Raj Meena had called her one day before the incident and advised her to take the bus for Karauli from Deogarh. On this, the girl went to Deograrh Bus Stand and was searching for the bus when the people saw her roaming around alone and being concerned about her welfare, she was brought to the police station. The girl divulged that three years earlier, when she was studying in Class 8th, Prem Raj Meena had established physical relations with her on numerous occasions and had sexually exploited her repeatedly after offering her an allurement of giving her money. The teacher had been transferred a month ago and right uptill then, he was continuously sexually exploiting the girl. In inquiry by police, the girl gave out her age to be 14 years. On the basis of this report, an FIR No. 26/2016 was registered at Police Station Diver, District Rajsamand for the offences under Section 376 IPC and Sections 4, 5 and 6 of the POCSO Act and investigation commenced. During investigation, when the girl was examined under Section 161 Cr.P.C., 1973 she stated that she started her education at the Government Sr. Secondary School, Bheragudha in the year 2001. She cleared the 8th Standard Examination from the very same school. Prem Raj Meena came to be posted in the school in the year 2012-13. He was an English Teacher and thus, the victim and various other girls of the village, went to the rented room in the village Badhana where Prem Raj used to live. Prem Raj gave her lewd looks and touched her body, cheeks, etc. in an unchaste manner and also used to kiss her. Since Prem Raj was a teacher, she did not pay any attention to his unwarranted advances and did not oppose the same. A year after her marriage with Laxman Singh, she had been provided a Spice Mobile phone with a sim. On one particular day, Prem Raj called her on her mobile and asked her to come to his room at Badhana. She went to the rented room of Prem Raj located near Raj Marg Hotel at Baghana on her bicycle. Prem Raj was all alone in the room. He caught hold of the prosecutrix and despite her opposition, forcefully pushed her down on the cot, opened her leggings and subjected her to forcible intercourse. Prem Raj threatened that she should not divulge the incident to anybody. Fearing the threats, she did not tell her father about the incident. The prosecution and Prem Raj were in touch over mobile phone. On 24.02.2016, she called Prem Raj and requested him that she wanted to visit his house on the occasion of his sister's wedding. On this, Prem Raj told her that she should board a bus and promised that he would marry her. She was threatened that in case, she did not accede to his demands, she would be maligned in the society. On 24.02.2016, the prosecutrix took a tempo from her village at 11 O 'Clock' and went to Deogarh bus stand. There she was inquiring about the bus going to Karauli. While she was making inquiries, the booking clerk gave a call to the Deogarh Police who took her to the police station. From there, her parents were called and then, she divulged the entire sequence of events to the police and the report was lodged. In the said statement, the victim categorically gave out her age to be 20 years. In the concluding part of the statement, she stated that about an year ago, Prem Raj called her to his room under the pretext of meeting her and then subjected to sexual intercourse against her desire. The victim's statement was recorded under Section 164 Cr.P.C., 1973 on 29.02.2016. In the said statement, she categorically stated that Prem Raj, Mitthu Singh, Kailash and Madhu Singh used to come at her school for teaching them. Prem Raj Meena was an English Teacher. She was married to Laxman Singh. She categorically stated that Prem Raj never called her to his room and that he never subjected her to sexual intercourse. She emphatecially stated that Prem Raj Meena interacted with her only while she was studying in the school and never thereafter. He never indulged in any untoward act with her.;