RAJENDRA KASANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(1) of SC/ST (POA) Act (hereinafter referred as "Act of 1989") aggrieved from an order of cognizance dtd. 21/9/2019 relating to FIR No. 234/2015, P.S. Mahila Thana, Alwar, whereby learned Special Judge (POCSO Act) No. 1, Alwar, after rejecting the FR, had proceeded to take cognizance against the appellants.

(2.) The fact in a nutshell that on 20/8/2015, an FIR No. 234/2015 was registered at P.S. Mahila Thana, District Alwar, on the complaint of a minor victim with the allegation that, when on 19/8/2015 around 11 a.m., the victim was alone at her home, both the appellants forcefully entered her room and tried to rape her. Police after conducting investigation submitted an FR in the matter on various grounds. Thereafter, a protest petition against the Impugned order was passed and a warrant of arrest was issued against the appellants.

(3.) Learned Counsel for the appellant heavily relied upon report submitted by the police after a joint investigation in FIR No. 234/2015, P.S. Mahila Thana, Alwar, FIR No. 346/2015, P.S. Arawall Vihar, 342/2015, 349/2015, P.S. Arawali Vihar and 775/2015, P.S. Kotwall, Alwar; and submitted that in FIR No. 345/2015 registered at P.S. Arawali Vihar, a charge-sheet was filed against Karan Singh, Kedar Singh and Goverdhan Singh but cognizance was taken against appellant No. 1 as well. Aftur framing of charge, trial had already begun in the said case but after Investigation in FIR No. 234/2015, police had submitted a FR before the Court and learned Trial Court without application of mind and over looking the facts submitted with FR, initiated the process for taking cognizance against the appellants, knowing that on similar facts, a charge-sheet in FIR No. 346/2015, P.S. Arawali Vihar had already been filed. He submitted that, on similar facts, appellants were forced to face charges in two cases, one in FIR No. 346/2015, P.S. Arawall Vihar and other in present case.