SMT. BABLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Mohd. Safdar, Advocate, for the applicant and Mr. J.S. Virk, Assistant Government Advocate, for the State of Uttarakhand.

(2.) The applicant is in jail having been implicated in Case Crime No. 328 of 2015, which has been registered under Sections 363, 366A, 506 of IPC and 3(A)/4 and 16/17 of the Protection of Women from Sexual Offences Act, at Police Station - Kotwali, Gangnaher, Roorkee, District-Haridwar.

(3.) Learned counsel for the applicant submits that the applicant though named in the first information report but the name of the applicant did not figure in the charge-sheet. Subsequently, an application under Section 319 of Cr.P.C. was moved by the prosecution before the court below, in which on the basis of the statement given by the prosecutrix in her examination-in-chief, the applicant was summoned by the court below under Section 319 of Cr.P.C. Learned counsel for the applicant further submits that the applicant is a woman and has three minor children to look after.