RAM PAITA KANNAUJIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner has challenged the impugned FIR dated 15-3-2001 (Annexure 1 to the petition) relating to Case Crime No. 33 of 2001 under Sections 376/452/506, IPC, Police Station, Sarnath, district Varanasi. The FIR reads as follows :-

(3.) A perusal of the FIR shows that the allegations therein are that on 10-3-2001 at 3.00 a.m. the petitioner who is a Police Constable came to the house of the first informant in a drunken state with a Katta in his hand, broke the door of the house of the first informant and entered the house and raped the first informant at the Katta point. The two sisters of the first informant namely Rekha aged about 11 years and Kallo aged about 7 years who were sleeping there woke up, and the petitioner threatened both the girls with his Katta. The first informant's brother Ashok came there and he was also threatened by the petitioner by showing him the Katta. The petitioner then threatened the first informant saying that if she reported the matter then her entire family will be killed.