UDAI BHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision under Sections 397/401 CrPC has been filed against the judgment and order dated 31st January, 2007 passed by the Additional District and Sessions Judge, FTC-2nd, Court No. 11, Sultanpur in Sessions Trial No.178 of 2005 ''State Vs. Shailendra Pratap Singh and another' under Sections 376, 504 and 506 IPC relating to Case Crime No. 02 of 2005 lodged at Police Station Lambhua, District Sultanpur whereby the learned Sessions Judge has acquitted the accused respondent no.2, Shailendra Pratap Singh under Sections 376, 504 and 506 IPC and respondent no. 3, Ghanshyam under Section 506(2) IPC.

(2.) The complainant, revisionist herein, gave a complaint (Exhibit-2) on 14.12.2004 addressed to the Superintendent of Police, Sultanpur, alleging therein that accused Shailendra Pratap Singh in the month of May, 2004, when his 15 years old daughter, prosecutrix, was alone in the house, committed rape on her; after committing the offence, accused, Shailendra Pratap Singh threatened his daughter that if she would tell anybody, he would kill her; fearing danger to her life, the prosecutrix did not tell the incident happened with her to anybody; thereafter, accused, Shailendra Pratap Singh had made physical relation with the prosecutrix for several times; and every time, when accused, Shailendra Pratap Singh committed the offence, he threatened the prosecutrix that if she would reveal it to anybody, she and her parents would be killed. It was further alleged that accused, Ghanshyam Singh, who was friend of accused, Shailendra Pratap Singh, also threatened the prosecutrix that if she would divulge about the offence committed by accused, Shailendra Pratap Singh on her, she and her family members would be killed. The prosecutrix, because of the threats received from the accused, had been succumbing to lust of the accused, Shailendra Pratap Singh. The prosecutrix got pregnant, and when her stomach grew up, then she told about the offence committed to her by the accused. Before writing to the Superintendent of Police, Sultanpur, the complainant gave a written complaint at the police station, however, the local police did not take any action, and then he sent the complaint to the Superintendent of Police. When no action was taken, the complainant filed an application under Section 156 (3) CrPC. On direction by the learned Magistrate dated 28.01.2005, the FIR was registered at the police station Lambhua.

(3.) After completing the investigation, the investigating officer submitted charge-sheet against accused, Shailendra Pratap Singh under Sections 376, 504 and 506 IPC. After taking cognizance, the case was committed to the Court of Session on 09.11.2005. Accused Ghanshyam Singh was summoned by the learned trial Court under Section 319 CrPC as an additional accused for committing the offence under Section 506 IPC.