R.S. Chauhan, J. - (1.) The complainant petitioner has challenged the order dated 06.12.2008 passed by the Civil Judge (Junior Division) & Judicial Magistrate, First Class, Khandar, District Sawai Madhopur, whereby the learned Judge has acquitted the respondent Nos. 2 & 3 from the offences under Sections 341, 323 and 325 IPC.
(2.) The brief facts of the case are that, on 15.10.2004, at about 6:30 PM, the complainant petitioner, and Santra submitted a report at the Police Station Khandar, District Sawai Madhopur with regard to an incident which took place on the same day. According to the said report, while Santra was cutting seaseme seed in her field, her husband went to drink water. At that time, Ramjilal and Om Prakash came to the field and tried to rape her. She tried to escape. Om Prakash and Ramji Lal hit her with a stick (Lathi) and broke her leg. Hearing her shouts, her husband rushed to her rescue. Thereafter, he lodged a report at the police station. The police registered an FIR, FIR No.173/04, for offences under Sections 323, 341 and 447 IPC. After investigation, the police submitted a charge-sheet for offences under Sections 323, 341 and 447 IPC against the accused respondents. The prosecution examined eight witness. The statement of accused respondents were recorded under Sections 313 Cr.P.C. The accused respondents did not produce any evidence in their defense. The learned trial Court acquitted the accused respondents from the offences under Sections 323, 341 and 447 IPC. Hence, this petition before this Court.
(3.) Smt. Manju Jain, the learned counsel for the petitioner, has contended that despite the clear testimony of the injured, Santra, and of Ram Sewak, and despite the existence of the injury report of Santra which clearly shows that she had suffered a grievous injury on her leg, in spite of the testimony of Dr. Bajrang Lal Meena, (P.W. 4), still the learned Judge has acquitted the accused persons for offences under Sections 323 and 325 IPC.;