AKRAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.M. Zaidi, Senior Advocate assisted by Sri Sami Ullah Khan, learned counsel for the revisionists and learned AGA for the State.

(2.) This revision u/s 397/401 Cr.P.C. is directed against the order dated 23.6.2011 passed by Addl. Chief Judicial Magistrate-I, Bijnor in Case No. 3879 of 2010, State Vs. Akram & another, under Section 376 IPC, P.S. Haldaur, district- Bijnor, whereby the application for discharge preferred by the revisionists has been dismissed and the revisionists and co-accused were directed to surrender within 15 days.

(3.) Learned counsel for the revisionists submitted that earlier FIR was lodged by Bhupendra Kumar, brother of the victim on 30.6.2009 in respect of the same incident for the offences punishable under Sections 342, 506, 294 IPC, P.S. Haldaur. A cross case was lodged by accused Abdul Sami against Bhupendra and others. Subsequently, the prosecutrix herself lodged FIR on 24.7.2009 in respect of the offences under Section 376 (2) (g), 342, 506 IPC claiming that the incident took place on 28.6.2009 whereas in the earlier FIR also, the incident was alleged to have taken place on 28.6.2009. The FIR lodged by Bhupendra as well as the subsequent FIR lodged by the victim were investigated together and final report was submitted by the police in favour of the accused person, but the learned Magistrate, on a protest petition being filed, rejected the final report and took cognizance under Section 190 (1) (b) Cr.P.C. and summoned the revisionist Akram, Javed @ Jawid and co-accused Abid to face trial under Section 376 (2) (g), 342, 506 IPC.