RANJANA R MASSEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS revision has been filed by the prosecutrix against the dismissal of petition under section 319 CrPC filed by the State of U. P. during the course of the trial in S. T. No. 282 of 1979 against one accused Ujjwal Prakash under sections 366/376 UPC for impleading some persons who were said to have committed certain offences in the course of the same transaction.

(2.) THE relevant facts are that the prosecutrix was a 4th year midwifery student in Queen Mary's Hospital of the Medical College, Lucknow. She lived in the nursing hospital on 28-6-79 at about 7.30 P. M. She was said to have been abducted by accused Ujjwal Prakash while she was going out of hostel to join her duty and then taken to a lonely spot and raped by him and two other students who had joined him in the way. After investigation the police submitted a charge sheet against accused Ujjwal Prakash alone for offences under sections 366/376 IPC and the case was committed to Sessions. THE trial proceeded in the court of IInd Additional Sessions Judge in S. T. No. 282 of 1979. After the statements of the prosecutrix and the lady doctor who had examined her, this application was moved praying that Dr. K P. Bhargava, Principal Medical College, C. P. Joshi, P. R O. Smt. R. L. Majoomdar, Matron, Medical College, Lucknow and Srimati Sharma, Sister, Medical College, Lucknow be tried along with accused Ujjwal Prakash for various offences in the course of same transaction. Dr. Bhargava was said to have committed offence under section 201/203 IPC, P. R. O. Sri Joshi under section 201/202/342 IPC, Smt. Sharma under section 201/202/342 IPC.

(3.) AT this stage courts generally should not decide the matter on merits of the allegations. They have only to see whether the accusations made are such that it would appear that offences alleged have been committed.