VIMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of revision petition under Sec. 397/401 Cr.P.C. petitioner has challenged the order dtd. 15/1/2003 passed by Additional Chief Judicial Magistrate, Ratangarh so far as it relates to taking of cognizance as against second respondent Shri Lal Mohammed.

(2.) I have perused the impugned order. It is alleged that on 5/9/2002 while complainant-Smt. Vimla and her bhabhi Smt. Sanju were in the house, accused-Manir Khan, Lal Mohd. (respondent herein), Chand Mohd. Salim and Ramjan entered into the house and abused them in filthy language. They were insulted and humiliated them by referring their caste in derogated way. An attempt was also made to molest their chastity. Police registered a case against the accused persons for offence under Sec. 451 and 354 IPC and Sec. 3(1)(10)(11) of SC/ST Act. The learned Magistrate by impugned order has taken cognizance against all the accused persons except Lal Mohd. A plea was taken by Lal Mohd. to the effect that at the time of incident he was on duty in the Patvar Circle.

(3.) I am of the view, that the, learned Magistrate has committed error in appreciating the plea of alibi at the stage of taking cognizance. It is a matter of evidence. If the petitioner could be at the place of incidence even if he was on duty on the Patvar Circle on the date of incident.