- (1.) This instant revision petition has been filed by the accused-petitioners against the order dated 30-09-2015 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, (Addl. Sessions Judge) Balotara (hereinafter "the trial court"), whereby the learned trial court allowed the application under Section 193 Cr.P.C. and took cognizance against the accused-petitioners for offences under Sections 354, 307 I.P.C. Section 3(2)(V) SC/ST Act and Section 7/8 of Prevention of Children from Sexual Offences Act, 2012 (hereinafter "POCSO Act").
(2.) Learned counsel for the petitioners has argued that after completion of investigation, police submitted the charge-sheet against the accused-petitioners for offences under Sections 447, 323, 325, 308 I.P.C. and Section 3(i) (x), 3 (v) SC/ST Act in the court of Judicial Magistrate, Siwana, who took the cognizance of the above offences. It is further submitted that the complainant-non-petitioner No.2 filed an application under Section 193 Cr.P.c. before the trial court and the learned trial court, without any evidence on record, took cognizance against the accusedpetitioners for offences under Section 354, 307 I.P.C.
(3.) Section 3(2)(v) SC/ST Act and Section 7/8 of POCSO Act in addition to the offences for which cognizance was taken against them previously by the learned Judicial Magistrate, Siwana, Barmer. It is further submitted that the learned trial court has committed gross error in taking cognizance against the accused-petitioners for offence under Section 307 I.P.C. As per medical evidence, Kumari Santosh suffered 6 injuries (bruises) and all the injuries were found simple in nature. Injured Smt. Sita Devi also suffered 6 injuries out of which 5 injuries were found simple and there is no opinion that any injury is dangerous to life.;