SHIWANI Vs. STATE NCT OF DELHI AND ORS.

JUDGEMENT

(1.) Instant revision petition has been preferred by "X" (assumed name), the victim, to challenge the legality and propriety of an order dated 03.07.2014 of learned Additional Sessions Judge whereby respondent Nos.2 and 3 were discharged of the offences under Sections 376(2)/109/34 IPC. The revision petition is contested by the respondents.

(2.) On "X"s complaint lodged on 24.04.2013 at Police Station Connaught Place, FIR No.61/13 under Section 376 (2)/109/34 IPC was registered. In her complaint "X" aged 27/28 years levelled serious allegations of sexual abuse since her childhood by her uncles Shashi Kumar Thakur, Mukul Thakur (in Short : R-3). She implicated Meera Thakur (in Short : R-2), her real Mausi, for abetting the crime. It was further alleged that during her stay in Delhi in October, 2003, Shashi Thakur used to make frequent visits and committed rape upon her at Western Court (Janpath) and Khirki Extension (Malviya Nagar). R-3 used to criminally intimidate her on phone to insist her to come to Mujaffarpur (Bihar) to satisfy his sexual urge. R-2 was aware of her sexual abuse. She used to force her to sleep with her husband Shashi Thakur in the same room pretending his fatherly affection towards her.

(3.) Statements of witnesses conversant with the facts were recorded during investigation. After collecting relevant materials and upon completion of investigation, a charge-sheet under Section 173 Cr.P.C. was filed against all of them. It is relevant to note that Shashi Thakur and R-3 were arrested during investigation. The Investigating agency, however, did not arrest R-2.