SAROJ DEVI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Petitioner has preferred Criminal Revision Petition No.106/2016 and Criminal Revision Petition No.105/2016 aggrieved by order dated 03.12.2015 passed by Special Judge (Women Atrocities and Dowry Cases) Sri Ganganagar, whereby Court has set-aside the order dated 05.06.2013 passed by Judicial Magistrate (First Class) Sadul Shahar, District Sri Ganganagar, whereby, the trial Court has taken cognizance against the accused-respondents for offences under Section 376/109, 313/109 and 325/109 of I.P.C.

(2.) In brief the facts of the cases are that an application under Section 190 Cr.P.C., 1973 was filed by the complainant-petitioner stating therein that in the F.I.R. lodged by the complainant-petitioner, petitioner had levelled allegations with regard to offences under Section 376, 376(2)(n), 313 and 420 of I.P.C. Police after investigation submitted charge-sheet against Sahab Ram only under Section 498-A of I.P.C. Prayer was made that cognizance be taken against Sahab Ram and other accused for offence under Section 376, 376 (2)(n), 313 and 420 of I.P.C.

(3.) Sahab Ram submitted reply before the trial Court, wherein it was stated that complainant is residing with Sahab Ram from year 2007. She has been shown as wife in the Voter Identity Card and in the Ration Card. In the abortion document also Sahab Ram has been shown as husband, hence, no offence under Section 376 I.P.C. is made out.