SHANTI Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Aggrieved by the judgment dated 06.07.2010, passed by the learned Judge, Special Court for Schedule Caste & Schedule Tribe (Prevention of Atrocities) Cases, Jodhpur, whereby the learned Judge has acquitted the accused-respondent No.2, Bhom Singh, for offences under Sections 451, 354 Penal Code and under Sec. 3(1)(x)(xi) of SC/ST Act, 1989, the petitioner-complainant has approached this Court.

(2.) The brief facts of the case are that on 01.04.2009, the petitioner-complainant, Smt. Shanti, filed a complaint before the Superintendent of Police (Rural), Jodhpur alleging that on 29.03.2009 at about 2:00 O'clock, when she was standing in her courtyard, the accused respondent No.2, Bhom Singh, came there, armed with sword, and caught hold of her. He attempted to outrage her modesty. Upon hearing her screams, her husband and nephew rushed to her rescue. Using abusive caste language, the accused-respondent ran away.

(3.) On 16.04.2009, the said complaint was forwarded to the Police Station, Lohawat. The said complaint was registered as FIR No.30/2009 for offences under Sections 451, 354 Penal Code and under Sec. 3(1)(x)(xi) of SC/ST Act. After a thorough investigation, the police filed the charge-sheet against the accused-respondent No.2. In order to buttress its case, the prosecution examined eight witnesses and submitted five documents. The statement of accused-respondent No.2 was recorded under Sec. 313 Crimial P.C. After hearing both the parties, vide judgment dated 06.07.2010, the learned Judge acquitted the accused-respondent No.2 for the above mentioned offences. Hence, this petition before this Court.