SUMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Tripathi, learned counsel for the revisionist and learned A.G.A. for the State.

(2.) The present criminal revision purported to be u/s 397/401 of Cr.P.C. has been instituted challenging the summoning order dtd. 21/11/2020 passed by learned Additional District and Sessions Judge/Special Judge, POCSO Act, Hapur in Application u/s 319 Cr.P.C. arising out of Special Sessions Trial No. 35 of 2016 as well as case crime no. 218 of 2016, u/s 363, 376 (2) (I) IPC and sec. 4 of POCSO Act and sec. 3(2)(5) SC/ST Act, P.S. Hapur Nagar, District Hapur (Sate Vs. Rahul and others) whereby the revisionist has been summoned by the court below in exercise of powers u/s 319 Cr.P.C. 1973.

(3.) Record reveals that the FIR was lodged by the opposite party no. 2 reporting that the incident took place on 17.01.2016 at 08:35 p.m. wherein the minor daughter being Ms. Chanchal aged about 15 years had gone out of her house to bring sugar and when she did not return after lapsing of sufficient time then the opposite party no. 2 being father of the victim along with other relatives who remain present started searching the victim and after a period of about two months i.e. on 17/03/2016 the victim being Ms. Chanchal herself came back and on making inquiry from her she informed that on 17.01.2016 when she had gone to buy sugar from the nearby shop then Rahul S/o Darshan,R/o Village Achchheja, Hapur Nagar, District Hapur was present there and exerted pressure and force upon the victim and he took her to Keshav Nagar in a house in the Footi Line where the victim was kept in confinement and Rahul S/o Darshan kept on committing rape with her and one day the wife of Rahul being Suman (the applicant) herein came and when the victim requested her that she may be allow to go to her house as she wanted to live with her parents but Suman W/o Rahul did not render any help and told the victim that she has to remain here and she cannot move from there. Thereafter, Suman left the place and Rahul thereafter, kept on committing rape against her wish. Accordingly, the opposite party no. 2, father of the victim had lodged the FIR on 17/03/2016 before the police station Hapur Nagar being case crime no. 218 of 2016 and on 17/03/2016 purported to be u/s 363, 376 (2) (I) , 120-B IPC and sec. 3/4 POCSO Act.