1. - In this criminal revision petition, final arguments have been heard by me at the admission stage with the consent of both the parties.

2. In Sessions Case No. 4/2013 on 11.1.2013, the learned Special Judge, SC/ST Cases, Jodhpur has framed the charges under Sections 376, 379 and 323 IPC and Section 3 (2)(v) of the SC/ST(Prevention of Atrocities) Act, 1989 (for short "the Act of 1989").

3. I have heard both the parties. I have perused the statement of the prosecutrix Pappu Devi recorded under Section 161, Cr.P.C. I have also perused her statement which was recorded under Section 164, Cr.P.C. Some of the lines of her statement are as follows:-

"'kSrkuk jke esjs ?kj gh jgrk jkr dks esjs ikl gh lksrk o esjs lkFk esjh lgefr ls lEHkksx djrk Fkk 'kSrkuk jke o esjs lgokl ls nks cPps iSnk gq, tks thfor gS o esjs ikl jgrs gS ftudk uke Lo:i mez 3 lky txnh'k mez 2 lky gS djhc 5&6 lky rd eSa o 'kSrkuk jke nksuksa ifr iRuh ds :i esa jgs 'kSrkukjke 'kknh 'kqnk ugha Fkk o eq>s ges'kk dgrk fd eSa rq>s ftUnxh Hkj iRuh ds :i esa j[kwaxk------A

--------vkSj 'kSrkukjke us esjs ls voS/k lEcU/k cuk fn;s eSa o 'kSrkujke ifr iRuh dh rjg jgus yxs esjk ifr eq>s NksM+dj pyk x;k FkkA 'kSrkujke o esjs lgokl ls nks cPps gq;s tks thfor gS tks esjs ikl jgrs gS------'kSrkukjke us eq>ls 'kknh ugh dhA djhc 5&6 lky rd ge ifr&iRuh dh rjg jgsA-------'kSrkukjke us eq>s 'kknh dk >kalk nsdj esjs lkFk ifr iRuh dh rjg jgk o lgokl fd;kA"

4. Looking to the above statements, it is crystal clear that charge under Section 376 IPC or under Section 3(2)(v) of the SC/ST Act was not at all made out against accused Shaitana Ram and he has been wrongly charged under those sections by the learned lower court. So he deserves discharge from the chargeS of Sections 376 IPC and Section 3(2)(v) of the SC/ST Act.

5. So far as other charges are concerned, they are under Sections 379 and 323 IPC. The accused was having sexual relation with the prosecutrix by putting her in the false impression that he should marry her in future. For this purpose, charge under Section 420 IPC may also be framed by the lower court if it thinks proper after hearing both the parties. The charges under Sections 379 and 323, IPC are kept untouched at this stage.

6. The revision petition of accused Shaitana Ram is disposed of as indicated above. The stay petition also stands disposed of accordingly.Revision disposed of.

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