RINKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner-complainant has filed the present Criminal Revision Petition under Ss. 397 and 401 of the Code of Criminal Procedure, 1973, challenging the judgment dtd. 14/3/2007 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Bikaner in Sessions Case No. 126/2006 (State Vs. Bhagirath and Ors.), arising from F.I.R. No. 85/2006 registered at Police Station Chhattargarh, District Bikaner. By the impugned judgment, the accused-respondents were acquitted of the charge under Sec. 376 of the Indian Penal Code.

(2.) The case was initiated based on a complaint lodged by the prosecutrix on 26/6/2006, which was forwarded under Sec. 156(3) Cr.P.C. to the concerned Police Station, whereupon F.I.R. No. 85/2006 was registered under Ss. 376 and 109 I.P.C. against accused Bhagirath, Kisturaram, and Moolaram. It was alleged that the accused repeatedly subjected the prosecutrix to sexual assault over several years, under threats and coercion, with the knowledge and passive consent of her husband and family members.

(3.) This Court is conscious of the limited scope of revisional jurisdiction under Ss. 397 and 401 Cr.P.C. Unlike appellate jurisdiction under Sec. 386 Cr.P.C., where both factual and legal findings can be reassessed comprehensively, the revisional jurisdiction is confined to examining the legality, propriety, and correctness of the findings of the Court below.