SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the parties expressed their willingness and readiness to argue the case on merits and the record of the lower Court has already been received I heard the parties on the merits of the petition.

(2.) The short question involved in this petition U/s. 482 Cr.PC is, as was pointed out by the court in its order dated 17.10.95. "whether keeping in view all the facts enumerated in the FIR the learned Special Judge has its jurisdiction to try this Case which is not connected with the offence of dacoity. This question arises in the content of following facts:-

(3.) On Aril 23, 1990 at about 12.30 PM Kumari Rekha Sharma aged about 14 years was returning alongwith school-mates to her village Beawar from her school at Halena (Distt. Dholpur), when the girls reached 2 or 3 furlongs away from Halena the accused petitioner appeared from behind the trees with a desi fire arm 'Katta'. The petitioner caught hold of Kumari Rekha by hand and made her fall on the ground. The rest of the girls ran away. The petitioner tried to molest Kumari Rekha and on her protest snatched her ear-rings and nose ring after cutting her ears and nose with a knife. He took away her wrist watch also. On shrieks raised by Kumari Rekha her uncle Shri Bachu Lal rached there whereupon the petitioner ran away. Kumari Rekha was taken to General Hospital at Bharatpur where Sri Uttam Lal ASI recorded her statement on 25.4.90 at 5.50 p.m. and forwarded the same to Police Station Halena where crime No. 32/90 U/s. 323, 324, 326, 307, 379 Penal Code was registered. On the police report u/s. 173 Cr.PC having been submitted before him the Learned Magistrate took cognizance of the offences u/s. 341, 354, 324, 326, 394 & 397 IPC. Since cognizance had been taken by the Learned Magistrate for offence U/s. 397 Penal Code as well he sent the case to the Special Court constituted u/s. 6 of the Rajasthan Dacoity Affected Areas Act, 1986 (for short, the Act). It is that order of the Magistrate dated April 4, 1995 which is being challenged by way of this petition u/s. 482 Crimial P.C.