RAJU THAPA S/O LATE BAHADUR SINGH THAPA TEACHER JUNIOR HIGH SCHOOL GAIRAD BILKHET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) THIS revision is directed against order dated 08.08.2011, passed by Sessions Judge, Bageshwar in Sessions Trial No. 04 of 2011 State v. Raju Thapa, relating to offence punishable under Section 376, 506 2 I.P.C. and under Section 4/6 of Indecent Representation of Women (Prohibition) Act, 1986.

(3.) THE trial court has given detailed reasons for declining to accept the request of the accused to summon the two prosecution witnesses as accused. It is stated by the trial court that the evidence adduced by Dalip Singh is that he got compact disk prepared from Darshan Singh to produce the evidence against the accused about rape of the victim, after he got the video recorded in the mobile phone by the accused. The accused is already facing trial not only in respect of offence punishable under Section 376 of I.P.C. but also in respect of 506 I.P.C, and one punishable under Section 4/6 of Indecent Representation of Women 3 (Prohibition) Act, 1986. The trial court has observed that since there appears no mens rea on the part of the witnesses, as such, there is no need to summon them as an accused by Exercising Power under Section 319 of Code of Criminal Procedure