TOSIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the applicants as well as learned Public Prosecutor for the State and carefully gone through the impugned order.

(2.) It is contended by the learned counsel for the applicants that complainant Sharda submitted an oral report at Police Station, Kalinjara District Banswara on 30.3.2006 stating therein that when she was returning back from her fields, some persons were taking away one Shakil Musalman in the Jeep and when those persons saw her, they stopped the jeep and she too was dragged into the jeep and then she was beaten by the accused-persons. Thereafter, Juber and Pintu cut her hair by blade and razor and Aziz, Javed and Vinod torn her blouse and saree and thereafter Vinod brought one ass and she was put on ass and a rope was given to Shakil who was in the underwear and accused persons took them towards bus stand. Upon this FIR, a case was registered under Sections 323, 354, 365 I.P.C. and Section 3 of SC/ST Act and accused persons were arrested. As per the contention of the learned counsel for the applicants complainant and one Shakil were having illicit relations and because of this reason, wife of Shakil committed suicide along with her daughter, therefore, situation became serious and it resulted into the present occurrence in which present FIR has been registered against the applicants.

(3.) I have perused the case-diary as well as the statement of complainant Sharda. As per the statement of complainant Sharda recorded under Section 161 Cr.P.C., there is allegation against so many persons but more specifically, the allegation for cutting hair by blade and razor is against Juber S/o Shakil and Pintu S/o Firoz Khan and further there is allegation against Vinod, Aziz and Javed that they torn her blouse and Saree and thereafter, Vinod brought one ass and she was put upon ass in the half naked condition.