DEVINDER SINGH Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure (the Code) challenging the legality and validity of the order dated 4.4.1998 & 18.4.1998 passed by the trial court whereby the applications under Section 311 of the Code filed by the petitioner and his two co-accused for recalling some prosecution witnesses have been dismissed.

(2.) Similar application dated 1.2.1997 filed by the accused persons was earlier dismissed on 17.4.97. That order was not challenged.

(3.) The petitioner Devinder and co-accused Vijendar have been charged under Section 506/34 Indian Penal Code and co-accused Surinder Singh and Devinder Singh have been charged under Section 376 Indian Penal Code also. The prosecutrix Kumari Meena aged 12 years has alleged in her first information complaint that on 3.1.87 at about 5.00 p.m. she had gone to fetch water from a tubewell. While she was filling the pitcher and was alone accused Surinder gagged her mouth and the three accused forcibly took her to nearby jungle where Surinder and Devinder one after the other raped her and they and the co-accused Vijendar who remained present had extended threats of killing her if she raised alarm or informed any person thereafter. On return to her home, she told the incident to her mother, at that time her father was not at home and when he came home the incident was also narrated to him. Police was informed; the prosecutrix lodged a report of the incident with one ASI. FIR was registered in the night itself. She was medically examined. Her clothes were seized. The three accused were arrested. Medical report as also CFSL report suggested that rape had been committed. After investigation the three accused have been put to trial. During trial the prosecutrix as Public Witness -1 and her parents as Public Witness -3 and Public Witness -4 deposed supporting the prosecution case. Statement of the prosecutrix recorded under Section 164 of the Code was proved by the Magistrate as Public Witness -2. Some police officials who had joined the investigation were also examined. Statments of the accused persons were recorded under Section 313 Criminal Procedure Code .