Judgment:
B.R. Arora, J.
1. This miscellaneous petition is directed against the order dated August 7,1990, passed by the Sessions Judge, Bikaner, by which the learned Sessions Judge framed the charges against the petitioner Under Sections 366, 376/114 and 109 of the Indian Penal Code.
2. A First Information Report was lodged at Police Station, Kotwali, Bikaner, by Kumari Sarita against Devi Singh, Nathu Ram, Shvi Kumar and the accused-appellant Rajendra Singh and it was alleged in that report that a day before, she had gone to Suraj Talkies to see a movie and when she came out of the cinema hall at about 9.30 p.m. and was standing near a door, a taxi came there, which was driven by accused Devi Singh and accused Nathu Ram was, also, sitting in the taxi. They forcibly picked her and brought to Maharani Sudarshan College and there she was raped by Devi singh, Nathu Ram and Shiv Kumar. A case Under Sections 363 and 376 I.P.C. was registered against Devi Singh, Nathu Ram and Shiv Kumar and after registration of the case, the statements of Kumari Sarita and Samunder Singh were recorded. Site plan and other memos were prepared, recoveries were made and the police, after necessary investigation, presented the challan against accused Devi Singh, Nathu Ram, Shiv Kumar and Rajendra Singh. The learned Magistrate committed the accused to stand trial to the Court of the Sessions Judge, Bikaner, who, by his order dated August 7, 1989, framed the charged against the accused-petitioner Rajendra Singh, Nathu Ram and Devi Singh Under Sections 366 and 376 I.P.C. and against accused Shir Kumar Under Section 376 I.P.C. It is against this order of framing the charge that the present petition Under Section 482, Cr. P.C. has been filed,
3. I have gone-through the record of the case. For the purpose of framing the charge, the prosecution is duty-bound to show from the record of the case and the documents collected during the course of investigation that the facts emerging therefrom constitute the offence, for which the accused is charged. From the existing materials on record, there is no evidence, on the basis of which the charges against the petitioner could be framed. Though a meticulous examination of the evidence at the time of framing the charge is not required, but there must be some evidence which could involve the accused with the crime. The truth, veracity and the fact of the evidence, which the prosecution proposes to adduce, is not to be scrutinized at this stage, but there must be some evidence which could show that the accused is, in any way, connected with the offence, with which he is charged. The order, framing the charge, thus, substantially affects the liberty of a person and it cannot be said that the Court itself automatically framed the charge merely because the prosecuting authority, by relying on the documents referred in Section 173 Cr. P.C, considered it proper to institute the case. Even from the documents, produced by the prosecution Under Section 173 Cr. P.C., no case is made-out against the petitioner for framing the charge. Even the unrebutted evidence is not sufficient to make-out a case against the petitioner. If the unrebutted evidence itself does not make-out a case against the accused, then the charge should not be framed. After carefully going-through the evidence produced by the prosecution and the documents on record, I am of the opinion that even on the basis of the unrebutted evidence, there is no chance to convict the petitioner Under Sections 366, and 376 I.P.C. and therefore, there is hardly any point for framing the charges against the petitioner and the petitioner may face the formalities of the trial, as it will result in unnecessary harassment to the petitioner without serving any cause of justice.
4. Consequently, I allow his miscellaneous petition, partly set-aside the order dated August 7,1989, passed by the learned Sessions Judge, Bikaner, qua the petitioner and quash the charges framed against the petitioner Rajendra Singh alias Rajia, as mentioned above. The charges framed against the accused- petitioner Rajendra Singh alias Rajia are set-aside.