Laindas Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 236 of 2017

1. Laindas Sonwani S/o Kartikram Sonwani, Aged About 25 Years R/o Village Chakraway, Police Station Nandghat, District Bemetara, Chhattisgarh.

2. Sonat Kumar Kurrey S/o Kashiram Kurrey Aged About 26 Years R/o Village Chakraway, Police Station Nandghat, District Bemetara, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Bhatapara (Gramin), District Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Petitioners Mr. AP Sharma, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 2/3/2017

1. Heard.

2. The present criminal revision has been preferred against framing of charges under Sections 363, 366, 368 of IPC and Sections 18 of the Protection of Children From Sexual Offences Act, 2012 against applicant No.1 and under Section 17 of the said Act against applicant No.2.

3. The charges have been framed on the allegations that

petitioner No.1 abducted the prosecutrix, aged about 15 years and applicant No.2 provided shelter to the said victim.

4. Perusal of the material available in the charge sheet would indicate that there is prima facie material for framing charges against the applicants for the subject offences, therefore the trial Judge has not committed any illegality by passing the impugned order of framing charges.

5. It is the settled law that at the stage of framing charges, the trial Court is not required to consider whether the trial would end in conviction or acquittal, but the only consideration is whether there is prima facie material to send the accused persons for trial.

6. Considering the entire facts situation of the case, I do not find any substance in this revision. It is accordingly dismissed. Sd/- Judge (Prashant Kumar Mishra) Shyna