ROOP NARAYAN JAT Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The accused-petitioner has filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the order dated 5.6.2012 passed by the Additional Chief Metropolitan Magistrate No. 7, Jaipur Metropolitan, Jaipur in final report No. 205/2011 arising out from FIR 5 No. 241/2011 registered at Police Station Vishwakarma, Jaipur for the offences under Sections 363, 366, 376, 341 I.P.C. whereby the learned Court below disagreeing with the conclusions arrived at by the investigating agency took cognizance against the petitioner for the offences under Sections 363, 366 and 376 I.P.C.

(2.) Brief relevant facts for the disposal of this petition are that complainant-respondent, step father of the prosecutrix, lodged FIR No. 241/2011 on 13.6.2011 at Police Station Vishwakarma, Jaipur against the j petitioner for the aforesaid offences and during the course of investigation statements of prosecutrix were recorded under Sections 161 and 164 Cr.R.C. in which the prosecutrix did not support the allegations made in the FIR. After investigation negative final report was filed in the Court below with the finding that no incident as alleged in the FIR occurred. Respondent-complainant filed protest petition to the FR and during the course of inquiry statements of respondent and prosecutrix were recorded under Sections 200 and 202; Cr.R.C. In her statement prosecutrix levelled allegation against the petitioner for the offences under Sections 363, 366 and 376 I.P.C. and learned Court I below by way of impugned order took cognizance against the petitioner in the manner as already stated.

(3.) In support of the petition, learned counsel for the petitioner submitted as below:-