CHAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the accused-petitioner as well as learned Public Prosecutor for the State.

(2.) This revision petition under sec.397/401 CrPC has been filed against the order dated 06 th September 2011 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases (Sessions Judge), Balotra in Case No.10/2010 framing charges against the petitioner for offence under sec.379, 447 IPC and sec.3(1)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 {herein after for short 'the SC/ST Act'}.

(3.) Background facts in a nutshell are that on 22.03.2010 complainant Mst Noji Devi w/o Sata Ram Bheel, resident of Kalawaton Ki Dhani made a complaint before the ACJM, Balotra, which was sent to the Police Station, Mandli under sec.156(3) CrPC, inter alia, alleging that 15-20 days ago his husband and two 'devar' (younger brother of husband) had went to Orissa for labour and she lives behind at the home with her children. On 15.3.2010 in the evening at around 10-11 O'clock while she was sleeping in the house, she woke up upon hearing sound of steps and lit the bulb then Gorkha Ram s/o Kheta Ram Bheel and Chain Singh s/o Prema Singh Daroga, r/o Patrasar caught hold of her and pressed her mouth with their hand. In this hassle, her nosering stripped, causing her abrasion. Then both of those persons committed rape with her, she resisted but could not overcome. Ultimately, when hand on her mouth became loose, she raised hue & cry then firstly her mother-in-law rushed in and thereafter wives of her 'devars' Hero and Amki came there. All three tried to caught those persons but they pushed them and fled from there. While leaving, accused persons also stole two goats. Then she and her mother-in-law told the incident to Chen Singh Chouhan and Fateh Singh Rathore of the village. Upon this complaint, FIR was registerd against accused persons.