Allowed

Dr.Niranjan v. State and Anr.

Rajasthan HC16 Nov 2017CRLR/680/2013

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a revision by the appellant challenging the framing of charges for abortion and rape. Finding the main accused acquitted due to the victim turning hostile, the Court held the trial futile. Consequently, it quashed the order framing charges and discharged the petitioner.

What did the court decide?

The impugned order dated 17.9.2013 framing charges was quashed and set aside, and the petitioner was discharged from all offences.

Dr.Niranjan Vs State and Anr. — Child Sexual Offences (POCSO) | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 680 / 2013 Dr.Niranjan Mehra s/o Bhagwan Lal, by caste Mehra, aged 43 years, r/o C-220, Near Blind School, Kamla Nehru Nagar, Jodhpur. Presently residing at Choudhary Dharam Kanta, Sanjay Colony, Raika Bagh, Phalodi, district Jodhpur.

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----Petitioner

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Versus

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State of Rajasthan.

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Smt. Jaina w/o Narayan Ram, by caste Kumawat, aged 35 years, R/o Sanjay Nagar, Phalodi.

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----Respondents

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_____________________________________________________ For Petitioner(s) : Mr.Nishant Bora. For Respondent(s) : Mr.O.P.Rathi, P.P.

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HON'BLE MR. JUSTICE SANDEEP MEHTA Judgment / Order 16/11/2017

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By way of this revision, the petitioner Dr.Niranajan Mehra has approached this Court for challenging the order dated 17.9.2013 passed by learned Sessions Judge, Jodhpur District in Sessions Case No.67/2013 whereby, the learned trial court directed framing of charge against the petitioner for the offences under Section 315 I.P.C. and Section 3(2), 4/5(3) of Medical Termination of Pregnancy Act.

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By the very same impugned order dated 17.9.2013, the learned trial court also directed framing of charge against the coaccused Ramesh for the offences under Sections 453 and 376 I.P.C. as well as for the offence under the POCSO Act. The victim Sushri ‘K’ upon being examined under Section 164 Cr.P.C. categorically denied that the petitioner gave her any tablets or caused her abortion. While entertaining the revision, this Court stayed the proceedings of the trial qua the petitioner. By the effect of the said limited stay order, the trial of the principal accused

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(2 of 2)

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[CRLR-680/2013]

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Ramesh continued and in the said trial, the victim totally resiled from her allegations and was declared hostile. Shri Bora has placed on record copy of the judgment dated 10.8.2016 whereby the trial court proceeded to acquit the main accused Ramesh from all the charges.

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In view of the fact that the principal accused Ramesh has been acquitted from the charges as a consequence of the victim turning hostile in the trial, this Court is of the opinion that even if the petitioner is put up for trial by upholding the order framing charge, the same will amount to a sheer exercise in futility. That apart, as noticed above, the victim did not level any kind of allegation against the petitioner in her statement recorded under Section 164 Cr.P.C. Consequently, I am of the firm opinion that the impugned order dated 17.9.2013 passed by learned Sessions Judge, Jodhpur District in Sessions Case No.67/2013 whereby, the learned trial court directed framing of charges against the petitioner for the offences under Section 315 I.P.C. and Section 3(2), 4/5(3) of Medical Termination of Pregnancy Act, is bad in facts as well as in law and cannot be sustained.

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Resultantly, the revision deserves to be and is hereby allowed. The impugned order dated 17.9.2013 passed by learned Sessions Judge, Jodhpur District in Sessions Case No.67/2013 is hereby quashed and set aside. The petitioner is discharged from all the offences.

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(SANDEEP MEHTA),J.

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/tarun goyal/

Dr.Niranjan v. State and Anr.

Case brief

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Dr.Niranjan v. State and Anr.

Case brief

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