Court No. - 50 Case :- CRIMINAL REVISION No. - 5531 of 2009 Petitioner :- Suresh Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Abhay Raj Singh Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard learned counsel for the revisionist and learned A.G.A. for
the State.
An application numbered as 9Kha was moved in Session Trial No.
717 of 2009 for discharge which has been rejected vide order dated
3.12.2009 which is impugned in the instant revision.
The submission is on the basis of decision of the Apex Court in the
case of Tarkeshwar Sahu Vs. State of Bihar (Now Jharkhand),
(2006) 3 Supreme Court Cases (Cri), 556, where ingredients and
requirements for an offence under Section 376/511 I.P.C. has been
elucidated and certain guidelines have been provided. It is true that
basic ingredients of penetration of male organ into private parts of
victim is necessary to constitute the said offence but this is a
judgment of the Apex Court in which an order of acquittal has
been passed.
In the instant case only discharge application has been rejected.
Charge has also not been framed. Evidence is also to be led. It is
evident that it will throttle the trial at its very inception. The
revision is dismissed at this stage.
Order Date :- 6.1.2010
Rmk.