NAMKIN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition has been filed by the complainant petitioner against the judgment and order dated 18.7.2007 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Cases and Addl. District and Sessions Judge, Sawaimadhopur in Cr. Revision No. 67/2007 (75/2007) whereby the revisional court has allowed the revision filed by the accused non -petitioners and set aside the order dated 28.2.2007 passed by the Addl. Chief Judicial Magistrate, Sawaimadhopur in Cr. Case No. 51/2007 by which the Magistrate took cognizance against the accused non -petitioners for the offence Under Section 376 r/w 120B, IPC.

(2.) BRIEF facts of the case as set up by the complainant petitioner are that complainant petitioner Smt. Namkin Devi W/o Premraj lodged a written report at police station Bonli District Sawaimadhour on 7.11.2004 at 8.20 PM. On the basis of the aforesaid information, an FIR No. 190/2004 was registered for the offence Under Section 376 against the accused respondents (Jagdish Prasad and Ramdhan). During the course of investigation, statements of the complainant were recorded Under Section 164 Cr.P.C. in which she was specifically corroborated the contention of the first information report regarding rape. At the relevant time, accused respondent Jagdish was an RAS officer and posted as a Sub -Divisional Magistrate, Bohli, while accused respondent Ramdhan was working as a teacher. Both the accused respondents are influential persons of the society. The investigation was conducted by the Additional Superintendent of Police, Kishan Sahai Meena who overlooked the statement of the petitioner recorded Under Section 164 Cr.P.C. and FSL report in which semen was detected, submitted final report.

(3.) THE Addl. Chief Judicial Magistrate, sawaimadhopur vide order dated 28.2.2007 took cognizance against the accused respondents for the offence Under Section 376 and 120B, IPC and summoned them through warrant of arrest.