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2013 Supreme(Raj) 1785

KANWALJIT SINGH AHLUWALIA
Girdhari – Appellant
Versus
State of Rajasthan Anr. – Respondent


Advocates:
For the Petitioners:Gaurav Singh, Advocate.
For the State: K.K. Rawal, Public Prosecutor.

JUDGMENT

1. - The present petition has been preferred by the accused aggrieved against the order passed by the Revision Court dated 15.12.2011, whereby the Revisional Court had set aside the order dated 16.8.2007 passed by Judicial Magistrate No. 1, Sujangarh, District Churu.

2. The complainant in the present case, had levelled specific charges of an attempt to outrage the modesty of the prosecutrix on the part of the accused-petitioner.

3. During investigation, the statement of the prosecutrix was recorded. She reiterated the allegations against the petitioner. However, the Investigating Agency recorded the statement of various other witnesses, to arrive at a . conclusion that no such incident had taken place and had submitted the negative report in final form absolving the accused petitioner of the offence. The Court of Magistrate accepted negative report presented in final form.

4. Aggrieved against the same, the complainant filed a revision petition. The Revisional Court considered the statements made by the complainant and came to conclusion that there is sufficient material to take cognizance of offence under Sections 457 and 354 I.P.C. Having held in above terms, the matter was











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