- (1.) This revision petition has been filed by the accused petitioner against the order dated 3-8-91 passed by the learned Sessions Judge, Sirohi in Session Case No. 14/89 whereby the learned Sessions Judge had ordered framing of charges against the accused petitioners for offence under Sections 366/511 and 341,1.P.C. and charges were framed against the accused petitioners accordingly.
(2.) It arises in the following circumstances : i) That complainant Smt. Gaumti Amma lodged a written report before the Superintendent of Police, Sirohi on 25-10-88 stating that on 21-10-88 when she was returning to her home from the hospital at about 7-8 p.m. in the evening, a car No. RSN 4992 was standing near the School and accused petitioners Dalpat Singh, Mahesh Kumar, Jagdish and Laxman Maghwal were also standing there. The accused petitioner Dalpat Singh told other accused petitioners to put the complainant in the car and she was put in the car, but at that time, Chhatar Singh came there and he intervened in the matter, on which Dalpat gave a slap to Chhatar Singh and the prosecutrix tried to save herself from the clutches of the accused petitioners. In the meantime, her husband also came there and parked his motor-cycle before the car and saved herself and Chhatar Singh. In case, Chhatar Singh and her husband would not have come there, the accused petitioners would have first taken her in the farm and thereafter would have committed rape with her. ii) On that report, police registered a FIR No. 177/88 at the Police Station Sheoganj for offences under Sections 342 and 323, I.P.C. iii) That the police after usual investigation submitted FR No. 40/88, but the learned Magistrate after giving notice to the complainant Smt. Gaumti through order dated 20-1 -89 did not accept the FR and on the basis of material produced by the Police, the learned Magistrate took cognizance against the accused petitioners for offences under Sections 366/511, 341 and 323, I.P.C. Thereafter, the case was committed to the Court of Session and the learned Session Judge after hearing both the parties through order dated 3-8-91 found that a prima facie case for offences under Sections 366/511 and 341, I.P.C. was made out against the accused petitioners inter alia holding that the statement of prosecutrix Smt. Gaumti Amma was corroborated by the statements of her husband Dalpat Singh and Chhatar Singh and thus directed framing of charges against the accused petitioners for the offences under Sections 366/511 and 341, I.P.C. and thereafter charges were framed against the accused petitioners accordingly.
(3.) Aggrieved from the order dated 3-8- 91 passed by the learned Sessions Judge, Sirohi, this revision petition has been filed by the accused petitioners.;