The High Court dismissed the criminal application challenging the rejection of a discharge petition. The judge held that prima facie evidence existed and the consent plea cannot be decided without trial.
Application dismissed; trial to proceed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Application No. 232 OF 2010
Sachin s/o Nathuji Nagrare .
v.
The State of Mah.
Office Notes, Office Memoranda of Coram appearances, Court's orders or directions and Registrar's orders
Court's or Judge's
orders
Counsel for the for the applicant absent. Mr. A.D. Sonak, A.P.P. for the Respondent.
CORAM: A.B.CHAUDHARI, J. DATED : 17th FEBRUARY,_2010.
This application is directed against the order dated 4.8.2009 passed by District Judge-5 and Additional Sessions Judge, Nagpur, in S.T. No. 505 of 2008, by which the learned trial Judge rejected the application for discharge that was made by the present applicant/accused.
I have gone through the impugned order as well as the connected papers so also the first information report filed in the present application. The first information report as well as statements of prosecutrix as a matter of fact clearly make out a prima facie case for the offence for which the applicant is being charged. The
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contention that was raised before the trial Court by the applicant that the prosecutrix was a consenting party and therefore there was no question of offence of rape being committed, cannot be examined unless the evidence is recorded. The applicant is under wrong impression that merely because the prosecutrix is aged about 23 years and was pregnant from him due to consent, no offence of rape would be constituted. Whether the impression carried by the applicant is correct or not is a matter to be resolved during trial upon taking evidence of prosecution and cannot be decided at the threshold. Therefore, I do not find any error in the order rejecting the application for discharge which is impugned before me in the present application. Since the Sessions trial is of the year 2008 it would be appropriate that trial Court proceeds to hold the trial and completes the same within six months from the date of receipt of Writ of this Court. Application dismissed.
JUDGE
/TA/
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1 issue framed by the court
Whether the rejection of the discharge application by the trial court was erroneous in the absence of prima facie evidence constituting an offence.
Sachin s/o Nathuji Nagrare
The State of Mah.
A.B. Chaudhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
