BHAGWATI DEVI Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-3-66
HIGH COURT OF RAJASTHAN
Decided on March 12,2015

BHAGWATI DEVI Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 19.10.2011 passed by the Additional Sessions Judge, Deedwana, District Nagaur (hereinafter referred to as 'the revisional court'), whereby the Criminal Revision Petition No. 19/2011 filed by the petitioner has been dismissed. In the above mentioned revision petition, the petitioner has challenged the order dated 23.06.2011 passed by the Judicial Magistrate, First Class, Ladnoon, District Nagaur (hereinafter referred to as 'the trial court'), whereby the trial court accepted the FR No. 25/2009 dated 31.08.2009 (arising out of FIR No. 70/2009 dated 03.08.2009 of Police Station, Jaswantgarh, District Nagaur) filed by the police and rejected the protest petition filed by the petitioner.
(2.) BRIEF facts of the case are that on 27.07.2009, the petitioner filed a complaint before the trial court while alleging that on 16.07.2009, she asked her father -in -law to drop her at her parents' house in Tehsil Suratgarh, District Sri Ganganagar. The father -in -law of the petitioner brought a pickup jeep and the petitioner along with her father -in -law and the driver of the pickup jeep started their journey to her parents' house at Suratgarh. In between the way one person Govind Ram joined them and thereafter all the accused persons took her in agriculture fields of in village Ghirdoda Mitha and offer her some drink and after consuming the same, she become unconscious, then those accused persons committed rape upon her. It is further alleged that after committing rape, her father -in -law dropped her near her parents house where she stayed for quite some days and thereafter narrated the whole incident to her parents. The trial court sent the complaint filed by the petitioner for investigation to the police under Section 156(3) Cr.P.C. and the police registered the FIR No. 70/2009 and started investigation. After thorough investigation, the police has filed a negative final report while concluding that the allegations levelled by the petitioner in the complaint are false. Being aggrieved with the same, the petitioner filed a protest petition before the trial court and got her statement recorded under Section 200 Cr.P.C. and also got statements of her father and mother recorded under Section 202 Cr.P.C. The trial court, after taking into consideration the material collected by the police as well as the evidence produced by the petitioner in support of the protest petition, accepted the final report submitted by the police and rejected the protest petition filed by the petitioner vide order dated 23.06.2011.
(3.) BEING aggrieved with the order dated 23.06.2011, the petitioner preferred the revision petition before the revisional court, however, the same has been dismissed vide order dated 19.10.2011 and revisional court has confirmed the order passed by the trial court. Hence, this criminal misc. petition.;


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