NAGARAJ Vs. SYED KAREEM BABU AND ORS.

JUDGEMENT

(1.) Criminal Petition No. 200710/2015 is preferred being aggrieved by the order dated 16.6.2015 rendered in S.C.NO.58/2010 on the application preferred by the present petitioner under the provisions of Ss. 278(1) and (2) of Cr.P.C. and also under Sec. 327(2) of the Cr.P.C.

(2.) The petitioner is the defacto complainant and is none other than the father of the victim who is said to have been sexually assaulted by the respondent -accused herein.

(3.) The gist of complaint is that while the petitioner's daughter/victim, who is charge sheet witness No. 2 and has deposed as PW6, was on her way to attend to her tuition classes in the 3rd week of October, 2005, at about 6.30 p.m. the tyre of her scooty motor cycle suffered a puncture and as there was no one nearby and as she was waiting, the accused came in a car and passed her by. Thereafter they turned the car around and came and stopped the vehicle very near to her. Suddenly the first accused is alleged to have tightly held on to her mouth and dragged her towards the car. Thereafter the other accused held her legs and she was bodily lifted and forced into the car. It is further alleged that the first accused stuffed cloth into her mouth and tied it around to prevent her from raising an alarm and another accused tied her legs and an other tied her hands and she was driven to a desolate spot on the outer ring road where the 1st accused is alleged to have indulged in sexual perversions and committed the offence of rape and that the victim was further threatened that if she revealed this fact to anybody or to the police, her family would be finished off.