P.K.LOHRA,J. - (1.) By the instant criminal revision petition under Section 397 read with Section 401 Cr.P.C., petitioner-complainant has assailed order dated 17th of February, 2017, passed by Addl. Sessions Judge, Pali District, Pali (for short, 'learned trial Court'). By the order impugned, learned trial Court, after hearing arguments on charge, while resorting to Section 227 Cr.P.C., discharged the accused-respondent for offence under Section 376 IPC but framed charges under Section 228 Cr.P.C. for offence punishable under Sections 451, 366, 323/34 IPC.
(2.) Succinctly stated, facts of the case are that petitioner complainant laid a complaint against accused-respondent before Judicial Magistrate, 1st Class, Marwar Junction, District Pali, inter alia, alleging offence under Sections 342 and 366A IPC. The learned Magistrate, thereupon, forwarded the same under sub-section (3) of Section 156 Cr.P.C. to Police Station Siriyari, District Pali and pursuant thereto FIR No. 8/2010 was registered for aforesaid offences. During investigation, police recorded statement of petitioner's daughter (prosecutrix) under Section 164 Cr.P.C. and upon completion of investigation filed charge-sheet against accused-respondent for offence under Section 299 Cr.P.C. The learned Magistrate, after considering the offences slapped against accused-respondent, passed an order under Section 209 Cr.P.C. for committing the case to the Court of Sessions. The learned Sessions Judge, thereafter, transferred the matter to learned trial Court.
(3.) It so happened that after submission of charge-sheet against him, at the behest of respondent, a criminal misc. petition bearing No. 422/2012 is preferred before this Court for quashing the charge-sheet and the same is decided on 10th of February, 2012 with the following observations: "However, looking to the contention of learned senior counsel that the petitioner is an impotent person, it is hereby directed that the petitioner should surrender himself before the trial court and on his so surrendering, the medical examination of the petitioner shall be conducted by a medical board, particularly for the examination of potency of the petitioner, and thereafter, the petitioner shall be entitled to raise all his objections against his proposed prosecution at the stage of consideration of the charges and in the event of medical board's report being favourable to the petitioner, the trial court shall be under an obligation to consider the same as per law and in reference to the period during which the offence was committed.";