LALITA KUMARI Vs. RAM PRASAD & ANR

JUDGEMENT

(1.) Heard Mr. Amrit Surollia, learned counsel for the petitioner, Mr. Javed Choudhary, learned Additional Government Advocate and Mr. Ajay Tantia, learned counsel for respondent No.1.

(2.) The instant petition filed under Section 397 read with Section 401 of the Criminal Procedure Code (for short, hereinafter referred to as 'the Cr.P.C.') is directed against the operative portion of the judgment and order dated 07.01.2003 rendered by the learned Judge, Mahila Utpidan & Dowry Cases and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No.60/2001 requiring a prosecution to be launched against the petitioner under Section 193 I.P.C.

(3.) The facts, in short leading to filing of the instant petition, are that the FIR was lodged on 25.04.2001 by the petitioner alleging that the respondent No.1 had committed rape on her and had also tried to outrage her modesty. The case was registered against the latter and the police after investigation submitted a charge-sheet against respondent No.1 under Section 376/354 I.P.C. The case being one to be tried by a Court of Sessions, it was registered as Sessions Case No.60/2001, where the respondent No.1 denied charge under the aforementioned provision of the I.P.C. and in the trial, that followed, none of the prosecution witnesses including the petitioner/prosecutrix did implicate him with the offences with which he was charged. The prosecutrix, in particular, denied the allegations contained in the FIR, though she admitted her signature thereon. On an analysis of the evidence adduced by the prosecution, the learned trial court acquitted the respondent No.1 and being of the view that he had been subjected to a false prosecution directed registration of a case against the petitioner under Section 193 I.P.C. It is submitted at the Bar that in compliance of the said direction as contained in the judgment and order impugned herein, a complaint has been lodged and as on date the petitioner is standing trial in the court of Economic Offences and Prevention of Riots, Jaipur Metropolitan, Jaipur, next date whereof fixed is 22.02.2013. It is also submitted that this case is registered as complaint case No.272/2006 and is pending for over six years.