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2016 Supreme(Raj) 607

VIJAY BISHNOI
Surjeet – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner:Vineet Jain, Advocate.
For the Respondent: O.P. Rathi, Public Prosecutor.

JUDGMENT :

Vijay Bishnoi, J.

This criminal revision petition has been filed by the petitioner against the order dated 18.03.2016 passed by Special Judge, Protection of Children from Sexual Offences Act (Sessions Judge), Hanumangarh (hereinafter referred to as 'the trial court') in Special Sessions Case No. 7/2015, whereby the trial court has allowed the application filed by the prosecution under Section 319 Cr.P.C. and summoned the petitioner for facing trial along with other co-accused persons for the offences punishable under Sections 363, 366-A, 376-D, 376(2)(i)(j) and 323/34 IPC, Section 5(g)/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Learned counsel for the petitioner has submitted that name of the petitioner has not been figured in the FIR and in the statements recorded under Section 161 Cr.P.C., the prosecutrix has not alleged that the petitioner had committed rape upon her, however, in her statement, recorded under Section 164 Cr.P.C., for the first time the allegation of commission of rape was levelled against the petitioner. It is submitted that the police, a








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