KAMLA Vs. TEJPAL

JUDGEMENT

(1.) Smt. Kamla has moved this application under Section 439 of the Code of Criminal Procedure for cancellation of bail granted to the opposite parties Tejpal, Mahipal, Bablu and Jharia by the Sessions Judge Bijnor in Crime No. 274 of 2008 under Section 308, 325, 324, 504, 506 I.P.C., Police Station Nangal, District Bijnor vide order dated 9.11.2010.

(2.) In brief the allegations are that the F.I.R. was lodged against opposite party No. 1 to 4 and 2 others for the offence under Section 376, 323 I.P.C. which was registered at the police station Nangal at Crime No. 274 of 2008. In the F.I.R. it was alleged that on 16.8.2008 at about 12.00 O'clock in the noon complainant's daughter in law Babita was cleaning the utensils whereas the complainant's daughter Poonam was brooming the house. The accused Tejpal, Mahipal, Babloo, Sompal, Jharia and Sonu entered the house of the complainant. Accused Mahipal and Babloo caught hold of Smt. Babita and the accused Tejpal committed rape with her. The complainant's daughter Poonam was caught by the accused Sonu and Sompal whereupon the rape was committed by Jharia upon Smt. Poonam. It was also alleged that in this incident the daughter and daughter in law of the complainant sustained injury and the incident was witnessed by her.

(3.) The case was investigated and after collecting evidence the Investigating Officer converted the case only to Section 323, 325, 504, 506 I.P.C. However, after seeking the x-ray report the charge-sheet was submitted against the opposite parties for the offence under Section 308, 325, 324, 323 I.P.C.