NIRBHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Learned counsel for the petitioner submitted that a false case

(2.) UNDER Section 376 IPC and Section 3 of the SC/ST Act has been registered against the accused by the prosecutrix at the instance of one Jeetu though her mother and father were not willing to file any FIR. He submitted that there is a gross delay of five days in lodging the FIR and the same has been filed on account of cross case registered against one Jeetu. He further submitted that the girl was not minor and she was aged about 23 yrs. and she was forced to file complaint UNDER Section 3 of SC/ST Act as well as UNDER Section 376 IPC. Mr. Kalla has also relied upon the judgment of learned Single Judge reported in 1995 Cr.L.R. (Raj.) page 473 (1) and submitted that now a days it is so easy for a person to file complaint UNDER Section 3 of SC/ST Act.

(3.) BEFORE parting, I must state that ordinarily this Court refrains itself from elaborate discussions, but when certain contentions were raised and decision was invited then there was no other option for this Court but to deal with the same by giving brief reasons.