SANDEEP MEHTA, J. - (1.) By way of this revision, the petitioner Harshit Chaplot @ Tappu has approached this Court for challenging the order dated 12.08.2015 passed by the learned Additional Sessions Judge No.2, Nimbaheda, District Chittorgarh in Sessions Case No.38/2015 (14/2015) whereby charge was ordered to be framed against the petitioner for the offence under Section 376)1) IPC and the order dated 24.09.2015 whereby the said charge was read over to him.
(2.) Shri Kaushal Gautam learned counsel representing the petitioner vehemently urged that ex-facie, the material placed on record by the investigation agency alongwith the charge-sheet is not of such unimpeachable quality so as to justify the order framing charge against the petitioner. He contended that the prosecutrix Smt. 'A' was a major married woman. In the FIR as well as in her statement recorded during investigation, she admitted that she was already married to one Iqbal Khan and that owing to her husband's ill behaviour, she developed an extramarital love affair with the present petitioner about 4 years prior to lodging of the FIR which was presented to the Superintendent of Police, Chittorgarh on 09.02.2015. He further urged that the case set up by the prosecutrix that the accused petitioner procured sexual favours from her and exploted her by extending a fraudulent allurement of marriage is totally unbelievable because she was a married woman and thus, there was no scope of her marrying the petitioner during her subsisting marriage with Iqbal Khan. With these submissions, learned counsel Shri Gautam implored the Court to set aside the impugned orders as being grossly illegal.
(3.) Per contra, learned Public Prosecutor and Shri Zafar Khan, learned counsel representing the complainant vehemently opposed the submissions advanced by the petitioner's counsel. They urged that the petitioner gave a patently false allurement of marriage to the prosecutrix Smt. 'A' and thereby, fraudulently induced her to establish physical relations with him. The promise of marriage made by the petitioner to the prosecutrix was never meant to be fulfilled. The prosecutrix fell into for the trap laid by the accused and got her flourishing marriage with Iqbal Khan terminated on 30.01.2015 by getting a divorce deed executed. The petitioner, who was continuously exploiting the lady called her to Chittorgarh Court on 03.02.2015 with a blatant by false assurance that he would get the marriage documents executed. In good faith, she went to the Chittorgarh Court and kept waiting for the accused. The accused reached the court and asked her to buy a stamp of Rs.100/-. A make believe marriage document was got typed on the stamp paper and then the accused went away from the court premises saying that he would return shortly but never returned. It was thus contended that the intention of the accused was fraudulent right from the inception and he was never desirous of marrying the proecutrix. All the promises which were given by the accused were fraudulent and were aimed at procuring undue sexual favours from the lady. The accused never intended to stand by his assurance and ditched the prosecutrix after calling her to the court for preparing the marriage document. They thus implored the Court to reject the revision. ;