POORAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the order dated 25.8.2005 passed by the Judicial Magistrate 1st Class, Tijara whereby he has taken cognizance against the petitioner for the offence under Sec. 323 & 376 IPC.

(3.) The brief facts of the case are that on 4.5.2005 one Susheela Devi lodged a report at Police Station Tijara wherein she stated that in the morning at 7 A.M. after answering the call of nature, she was caught hold of by the accused Pooran S/o Nanda Ram and was allegedly raped by him. On the basis of this, a formal F.I.R. No. 134/2005 was lodged at Police Station, Tijara for the offence under Sec. 376 & 323 IPC. However, after a through investigation, the police submitted a negative F.R. before the concerned Court.