RAGHU SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present appeal preferred under Sec. 14A SC/ST (POA) Act, aggrieved from order dtd. 19/5/2022 in Criminal F.R. Case No.22/2018 arising out of FIR No.49/2018, P.S. Pidawa (Jhalawar), passed by learned Special Judge, SC/ST (POA), Jhalawar.

(2.) The fact of the matter is that the complainant/victim had filed a written report on 10/3/2018 wherein it was alleged that on 25/2/2018 while returning from susner on her interception, two persons on a motor cycle who were known to complainant helped her in reaching her agricultural land but when she reached her agricultural farm then both the persons upon grabbing her, raped her by threatening her with knife. After reaching home, she could not tell her ordeal to anyone as her husband was not in the village and when he returned, she narrated the incident to her husband upon which her husband on 5/3/2018 went to Electricity Department and asked the accused about committing rape with complainant wife in the agricultural land but instead of listening to him, they had registered a case of obstructing public servant while discharging official duty.

(3.) The complainant ultimately filed this report and on the basis of this report FIR No.49/2018 was registered under Sec. 376(D) IPC and Sec. 3 (1)(w), 3(1)(i) of SC/ST (POA) Act in pursuance of which investigation was conducted and police had filed a final closure report on the ground that the incident is false. After notice, complainant had preferred protest petition before learned trial court and examined herself under Sec. 200 Cr.P.C., her husband under Sec. 202 Cr.P.C. Learned trial court, thereafter, proceeded to take cognizance under Sec. 376(D) IPC and Sec. (3)(2)(v) of SC/ST (POA) Act.