REKHA GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in the instant petition is made to the order dtd. 9/9/2019 passed in Sessions Trial No. 57 of 2016, State v. Yasmeen & others, by the court of 2nd Additional Sessions Judge, Nainital. By the impugned order, an application under Sec. 307 of the Code of Criminal Procedure, 1973 (for short, "the Code") filed by respondent no. 2 has been allowed.

(2.) The case has chequered history. Briefly stated, it is as hereunder.

(3.) On 30/5/2014, one Smt. Shama Parveen, lodged an FIR under Sec. 376(2), 506 IPC and 5/6 of the Protection of Children from Sexual Offences Act, 2012. It was registered as FIR No. 118 of 2014, at P.S. Sahaspur, District Dehradun ("the FIR No. 118 of 2014"). According to it, her daughter aged 15 years then was raped by accused Furkan. The victim was taken in a hospital at Herbertpur, Dehradun, where Dr. Rekha gave some medicine due to which the condition of the victim deteriorated. One Kallu also threatened the informant to life.