SATYA PRAKASH Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) This revision petition has been filed against the order dated 6.2.2016 passed by the learned Judge, Special Court (Protection of Children from Sexual Offences Act Cases), Bharatpur in Sessions Case No. 17/2016 whereby the complaint filed by the complainant petitioner under Sec. 190 Cr.PC. has been dismissed.

(2.) The brief facts of the case are that the complainant petitioner submitted a written report dated 12/8/2015 at Police Station, Mathura Gate, Bharatpur alleging inter-alia that his niece namely Kumari Chanchal D/o Anil Kumar aged about 17 years who is the student of First Year in R.D. Girls College, was going to Ayushi Beauty Parlor at Jaghina Gate, Near Kathputali Mandir, Gopalgarh Bharatpur for Beauty Parlor Course. Neeru @ Nirmala, who is the Director of the said Beauty Parlor, met her with her brother Ravi who treated her with bawdy intention and when she made complaint to the accused Neeru then she threatened her to do as liked by Ravi otherwise she will be failed in the said course and also threatened to kill her and her family members. Thereafter, Ravi met with her cousin's brother Gaurav @ Naveen and his sister and they pressurised her for marriage with Gaurav and on 8.8.2015 Ravi and Gaurav threatened Chanchal and took her away by Scooty in Om Sai Hotel and booked a room and entered in the room to Chanchal forcibly and closed the door from outside and thereafter Gaurav gave her cold drink forcibly and after drinking the said cold drink she became unconscious and Gaurav by taking the advantage of her unconsciousness made physical relations with her and thereafter again made physical relations with her forcibly without her consent.

(3.) On the basis of the aforesaid written report, an FIR No. 560/2015 was registered against the accused persons for the offence u/Ss. 363, 366, 376, 384, 511 and 120B Penal Code and Sec. 3/4 of POSCO Act.