S. B. CRIMINAL REVISION PETITION NO.473/2010 AMJAD ULLA KHAN V. THE STATE OF RAJ. & ANOTHER. DATE OF ORDER ::: 20/07/2010 HON'BLE MR. C.M.TOTLA, J. Mr. Firoz Khan, for Petitioner (s). Mrs. Chandra Lekha, PP, for the State. This revision petition by accused facing trial for the offences of Sections 376, 363, 366 and 366-A, IPC, challenges order framing charges for the offences of Sections 363, 366, 366-A and 376 IPC against him. PP accepts notice. Arguments heard. Learned counsel for the petitioner argued that per provisions of S.227 Cr.P.C., there have to be sufficient ground for proceeding and sufficient ground means evidence. Furthering arguments, submits that a perusal of statements recorded under Section 161 Cr.P.C. shows that she came and went on her own and no such act falling under Section 376 or 366 IPC committed. Also argued that she above majority wishingly married to petitioner and against her are proceedings for restitution of conjugal rights pending before the family court. Argued that petitioner innocent, is made to suffer trial and charge sustaining shall lead to ill effects. Also stated that the said taken photographs are not submitted with the chargesheet. Learned Public Prosecutor opposing states that the order speak of reasons for framing charge. Thoughtfully considering arguments, perused copies of challan put on record. Per documents relating to school, she born in October, 92- and incident is of August, 09. In addition to statements under Section 161 Cr.P.C., also are statements under Section 164 Cr.P.C. Considering the arguments with the material on record, including the statements under Section 164 Cr.P.C., cannot be said that no material whatsoever exists for framing the charge. - 2 - As the trial is in progress, appropriate and desirable is not to go into and analyze factual aspects in detail. For the same reason, the argument that statement under Section 164 do not speak of elements necessary for considering offence, is not to be considered more. The petition fails and is rejected. (C. M. TOTLA), J. scd