IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL

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ON THE 13 OF NOVEMBER, 2025 CRIMINAL REVISION No. 1435 of 2025 THE STATE OF MADHYA PRADESH Versus RITUL KUMAR PANDEY Appearance:

Shri C.M. Tiwari - Government Advocate for the State.

Shri Amit Verma - Advocate for the respondent/accused appeared through video-conferencing.

WITH MISC. CRIMINAL CASE No. 9642 of 2025 IN REFERENCE Versus RITUL KUMAR PANDEY AND OTHERS Appearance:

Shri Amit Verma - Advocate for the respondent/accused appeared through video-conferencing.

ORDER Heard.

The brief facts of the case are that deceased was a sex worker and she was called to a hotel K-Square at Bhopal to entertain the present applicant and she went to hotel room which was hired by the present applicant who is also a resident of Bhopal. The deceased was found to be murdered at around 11:30 PM on 13.04.2024 and she had entered the said hotel room of the applicant at around 7:30 PM in same evening. Her dead body was found naked on the bed. There was profuse blooding from anus and vagina of the deceased and her body as well as bed-sheet, quilt, pillows, etc., were smeared with blood at many places. There were injury marks over the body of the deceased. In the room various articles belonging to the present applicant were found including his ATM Card etc. Moreover, the body was found smeared with faecal matter.

2. As per postmortem report, cause of death is due to smothering.

There were multiple contusions, abrasions and scratch marks etc. over the body of the deceased. As well as there was tear in anal opening 9 cm. long and 4 cm. deep including various other smaller tears in the anal opening, mucosal tears, etc. up to internal sphincter. There were scratch abrasions on the anal opening having length 3.5 to 1.5 cm. It was a case of insertion of some large external body in anal cavity of the victim. As per the medical opinion of doctor, it has been opined that the said injury can be caused by inserting fist in anal cavity. It appears that not only there was fisting, but the faecal matter was taken out and smeared on the dead body. There were multiple contusions on mouth, lips, nose, arms, shoulder and scratch marks on body.

3. After investigation, charge-sheet was filed against the respondent/accused and other accused persons for offences punishable under Sections 302, 377, 376 & 201 of IPC and Sections 3, 4, 5 & 7 of Immoral Trafficking (Prevention) Act, 1956. Thereafter, vide order dated 06.11.2024 charges were framed against the accused persons, specifically against the respondent/accused the trial Court framed charges for offences punishable under Sections 103, 238 of BNS (302, 201 of IPC) and Section 5 of Immoral Trafficking (Prevention) Act, 1956. The trial Court also observed that charge-sheet was filed in the matter on 10.09.2024 and since 01.07.2024 amended criminal laws came into force, therefore though the prosecution agency has submitted charge sheet for offence under Section 377 of IPC but since in the amended criminal law i.e. BNS no provision such as Section 377 of IPC is available, under such circumstances the trial Court discharge the respondent/accused from the charge framed under Section 377 of IPC. 4. Thereafter, bail application bearing MCRC No.6175/2025 was filed and the matter was taken up before the Co-ordinate Bench of this High Court wherein vide order dated 14.02.2025, question was raised regarding framing of charges under Sections 376, 377 of IPC against the applicant, therefore, reference has been made by the Co-ordinate Bench of this Court in the shape of MCRC No.9642/2025 for consideration of the following questions/points raised by order dated 14.02.2025 in MCRC No.6175/2025 :-

(i) Whether in view of the facts and circumstances of the case as evident from the material collected during the investigation, the sufficient material was not available to frame charges under Section 376 and 377 of IPC and whether no charge under Secti