PHOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. is directed against the order dated 2.9.2002 passed by the learned Addl. Sessions Judge, Jhunjhunu in Criminal Revision No. 87/2002 (147/2001) whereby the revision petition has been dismissed and the order dated 20.11.2001 passed by the learned Addl. Chief Judicial Magistrate, Jhunjhunu in Criminal Case No. 622/2001 taking cognizance for the offence under Sec. 447, 323 and 354 Penal Code against the petitioner has been upheld.

(2.) Briefly stated, the relevant facts are that complainant Kashi Ram lodged a first information report at PS Mandawa with the allegations that petitioner Phool Chand came to his field. He abused his sister Mamta and out-raged her modesty. When she cried for help, Guljari Lal Master, his wife and son Deen Dayal came there. After investigation, negative final report was submitted. The complainant filed a protest petition whereupon the statements of Mamta, Kashi Ram and Smt. Shaira were recorded under Sec. 200/202 Crimial P.C. and injury report of Mst. Mamta was also filed. The trial court took cognizance against petitioner Phool Chand and Guljari Lal Master for the aforesaid offences. Aggrieved by the said order, the petitioner filed a revision petition which was dismissed as indicated above. Hence, this petition.

(3.) Learned counsel for the petitioner has contended that while passing the order taking cognizance, learned court below has not considered the police statements and other materials collected during investigation. He has submitted that the independent witnesses examined by the police have all negatived the occurrence having taken place. Learned PP has supported the impugned order as well as the order of the learned trial court.