LUKMAN KHAN Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) In this revision petition the petitioner is challenging the order dt. 23.01.2006 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Criminal Misc. Case No. 102/2005 (Sessions Case No.81/2005) whereby the learned Spl. Judge has rejected the application filed by the petitioner under Sec. 49 of the Juvenile Justice (Care & Protection of Children) Act, 2000 and prayed for allowing the same.

(2.) The facts of the case, inter alia, are that a report was filed before the Police Station Padukalan (Distt. Nagaur) by Bhinya Ram S/o Prabhu Ram on 15.08.2005 in which it was alleged that his grand-daughter Sushila, aged about 11 years went to watch the agricultural field but when the complainant reached the field at about 2.30 P.M. he did not find Sushila in the field and, after search, she was found sleeping under a babool tree in the field of one Bala Ram. It was alleged that when she saw the complainant she started weeping and said that their neighbour Lukman took her by force and gagged her mouth with a cloth and, thereafter, Lukman took her to Devalinadi angore and committed rape upon her. It is also stated by her that her clothes are stained with blood and, at that time, when Lukman was committing rape Santosh came at the spot whereupon accused Lukman ran away.

(3.) Upon this FIR, case was registered for offences under Sections 376, 336A, I.P.C. read with Sec. 3(1)(xii), SC/ST (Prevention of Atrocities) Act. After investigation, the police filed charge-sheet against the petitioner. Thereafter, the case was committed to the learned Special Judge for trial.