SARABJEET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 9/5/2022, passed in Special Sessions Trial No. 48 of 2021, State vs. Ravish Kumar, by the Court of learned F.T.C./Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District Udham Singh Nagar. By the impugned order, an application filed by the prosecution under Sec. 319 of the Code of Criminal Procedure, 1973 ("the Code") has been allowed, and the revisionist no. 2 Jagdish and revisionist no. 3 Shiv Kumar have been summoned under Ss. 313, 34, 506 of IPC and Sec. 16/17 of the Protection of Children from Sexual Offences Act, 2012 ("the Act"). Revisionist no. 4 Dinesh has been summoned under Ss. 313, 34, 506, 323 of IPC and Sec. 16/17 of the Act. The Revisionists Reeta, Neetu, Nisha, Nidhi and Naveen have been summoned under Sec. 323 IPC and Sec. 16/17 of the Act.

(2.) Heard learned counsel for the parties and perused the records.

(3.) Facts necessary to appreciate the controversy are in very short compass, they are as follows. The victim lodged an FIR at Police Station Madho Tanda, District Pilibhit under Sec. 376 IPC against Ravish Kumar, it was registered as FIR No. 281 of 2020. According to it, the victim and Ravish Kumar befriended in the year 2017, when they were in college. Ravish Kumar proposed the victim. Ravish Kumar established physical relations with the victim for three years, under the pretext of marriage. He also spoke to the father and other family members of the victim; but, subsequently Ravish Kumar declined to marry and demanded dowry. This FIR, was subsequently transferred to the Police Station Khatima, District Udham Singh Nagar. It was lodged as FIR No. 283 of 2022 against Ravish Kumar. After investigation, charge-sheet was submitted against Ravish Kumar, for the offence punishable under Sec. 376 IPC and Sec. 3/4 of the Act, which is the basis of Special Sessions Trial No. 48 of 2021.