NIRMALA DEVI Vs. TARA CHAND AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the orders dated 14.11.2008 (Annexure P-2) and 5.2.2010 (Annexure P-4).

(2.) Petitioner has lodged the FIR No. 139 dated 15.8.2006 under Section 376, 511, 323, 34 of the Indian Penal Code ('IPC' for short), registered at Police Station Bawani Khera, District Bhiwani (Annexure P-1) against respondent No.1. The case of the complainant, in brief, is that on 15.8.2006, at about 11.00 A.M., she had gone along with her husband Ramesh Kumar and sister-in-law Saroj to the clinic of respondent No.1. Respondent No.1 made the petitioner to lie in her cabin with her face downwards. Complainant was suffering from backache.

(3.) Respondent No.1 started massaging her back and lowered her salwar upto her feet. Then respondent No.1 asked her to lie down with her face upwards. When the complainant turned in that posture, she saw that respondent no.1 had lowered down his pant and forcibly laid on her. Petitioner gave him a kick blow and raised alarm. Husband and sister-in-law of the petitioner came inside. Due to a scuffle between them, respondent No.1 fled away from the spot. The compounder of respondent No.1 and another person started beating the husband of the petitioner. After investigation of the case, challan was presented against respondent No.1. The Trial Court vide impugned order dated 14.11.2008 (Annexure P-2) held that prima facie offence under Section 354 IPC was made out against respondent No.1 and offence under Section 376 read with Section 511 IPC was not made out. Hence, charge was ordered to be framed against respondent No.1 under Section 354 IPC. The Court of Revision, vide order dated 5.2.2010 (Annexure P-4), also dismissed the revision petition filed by the petitioner against the order passed by the Trial Court dated 14.11.2008. Hence, the present petition by the petitioner.