BHURA RAM Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 22.7.2011 whereby the application under Sec. 319, Crimial P.C. has been allowed and cognizance has been taken against the present petitioner for the offences under Sections 450, 376(G) I.P.C. and Sections 3(1)(ii) and 3(ii)(v) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard learned counsel for the parties.

(3.) The main contention of the present petitioner is that the present petitioner has been falsely implicated. He was the member of the Panchayat Samiti and there is a political rivalry between Kesra Ram and the present petitioner. A water-tank was granted to the present petitioner in lieu of the false implication. Under Sec. 319, Crimial P.C. cognizance could be taken by the Court if there is a chance of conviction. Looking to the statements of the Navla Ram and Bhera Ram son of the prosecutrix, no case is made out against the present petitioner. Navla Ram has not stated anything against the present petitioner. Likhma Ram was arrested from the scene of occurrence and he has been booked under Sec. 151 Crimial P.C. At that time, the prosecutrix has said nothing against, the petitioner. Committing of rape story is totally unbelievable. The family members have not supported the story. Hence the impugned order should be quashed.