GULAB SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the cognizance order dated 11.12.2007 passed by the Judicial Magistrate, Kashipur, Udham Singh Nagar, in Criminal Case No. 246 of 2013 (Old No. 137 of 2008) under Section 313 IPC, State v. Gulab Singh.

(2.) Facts, in brief, are that the prosecutrix lodged a First Information Report on 30.7.2007 with PS Jaspur against one Bhim Singh alleging that he had been committing rape on her since about last one year and threatening her that he would kill her father and brothers if she would disclose it to anyone. Pursuant to this FIR, a case for the offences under Sections 376/506 IPC was registered against the accused Bhim Singh. After completing the investigation, the police filed chargesheet against the accused Bhim Singh. During the course of investigation, statement of the prosecutrix was recorded under Section 161 CrPC, wherein she reiterated the averments made in the FIR. Thereafter in her 164 CrPC statement, the prosecutrix stated on account of her repeated rape by the accused Bhim Singh, she became pregnant and thereafter the accused took her to the clinic of the present accused applicant and got her pregnancy terminated without her consent.

(3.) It is on the basis of the aforesaid 164 CrPC statement of the prosecutrix, the police conducted the investigation and filed separate chargesheet against the present accused applicant for the offence under Section 313 IPC, whereupon the impugned cognizance order was passed.