HIMANSHU VARSHNEY Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Copy of the report dated 24.06.2013 submitted by Sub Inspector Rajendra Singh Bisht is produced before this Court for perusal. As per report of SI Rajendra Singh Bisht, prosecutrix has reported that she was raped by co-accused Luv, Kush and Shailesh Kesarwani and there is no allegation of rape against the petitioner.

(3.) I have perused the statement of prosecutrix recorded by the Investigating Officer under Section 161 Cr.P.C. wherein prosecutrix has stated that in the intervening night of 27/28. 05.2013, she was sleeping in her room, Luv Kush, Shailesh Kesarwani and petitioner Himanshu Varshney entered into her room wherein she was sleeping; she was compelled to smell some poisonous / intoxicating substance, thereafter, she became unconscious; when she re-gained consciousness, she realized that she was brought to Pratapgarh by Luv Kush and Shailesh Kesarwani; she was kept in Pratapgarh for two days in a vacant house wherein Luv Kush and Shailesh Kesarwani committed raped upon her and thereafter, she was brought to Bareilly in train and in Bareilly, she was asked to go to Haldwani by train.