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‘R’ vs. State of Rajasthan & Ors.

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Penal Code, 1860–Secs. 376, 342, 365 & 120-B–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(1)(xii)–Acquittal from the offence–Appreciation of–As per the evidence of victim, it is doubtful that she was taken forcefully–She stated that her bangles were broken but PW 2 stated that he did not see the broken bangles–Further, when the victim remained in the lock between 11.00 PM to 7.00 AM and her husband and brother-in-law were at home, why the action was not taken by them–DW 1 is the owner of home in which the alleged shop is situated and he denied that any conversation was taken place while the prosecutrix was locked in the shop during the incident–FSL report was not exhibited before the Court–Held, acquittal was justified.