RITA Vs. STATE

JUDGEMENT

(1.) Petitioner Rita is in judicial custody since 21.3.2007. She is 22 years of age and has a minor son aged 3 years. The child is under treatment for a medical ailment.

(2.) Case of the prosecution against the petitioner is that the prosecutrix Kumari P., a minor, was enticed by the petitioner and her husband and made to join company of co-accused, Raghudas, who committed rape on Kumari P. Role of the petitioner is as per statement of Kumari P. recorded under Sec. 164 Crimial P.C. who stated that on 7.3.2007 she had gone to Gautam Puri where she was undergoing a course in stitching. That Rita came to the class and told the supervisor that Kumari P's mother was unwell. That she i.e. Kumari P. left the stitching class in company of Rita who took her to the house of Raghudas where Rita's husband was present. That Raghudas threatened her and performed the ritual of a marriage. Thereafter, he committed rape on her.

(3.) It is relevant to note that father of Kumari P. had lodged a report with the police that his daughter Kumari P. was missing. The report was lodged on 11.3.2007. He had named Raghudas as a suspect. Thereafter, on 20.3.2007 afore-noted FIR restricted to offence under Sec. 363/366 was registered because father of Kumari P. informed the police that he suspected that his daughter was kidnapped in order to marry her with Raghudas.