MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 read with Section 401 Cr.P.C., has been filed against the judgment dated 21.5.2013 passed by the learned Sessions Judge, Court of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities), Dausa in Sessions Case No. 48/2006 whereby the charges against the petitioner for the offence under Sections 366, 346 and 376 I.P.C. along with Section 3(2)(5) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) The short facts of the case are that Asha Meena prosecutrix lodged an F.I.R. on 8.4.2006. After investigation, it was found that the present petitioner is not involved in the offence. During trial, under the provisions of Section 319 Cr.P.C., cognizance has been taken against the present petitioner for the offences under Sections 366, 346 and 376 I.P.C. along with Section 3(2)(5) of Schedule Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 which was challenged before this Court. Now the present petitioner has been charged for the above offences, hence, this petition.

(3.) The contention of the present petitioner is that in F.I.R. allegation has been made against the present petitioner but in proceeding of police written on the same date it has been narrated by the prosecutrix that present petitioner has nothing done wrong with her and during investigation also, he filed an application of this effect on 9.4.2006 meaning thereby that the present petitioner is not guilty of sexual assault on the prosecutrix and charges could have not been framed against him.