NEERAJ Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) This criminal revision has been preferred against the order dated 04.05.2013 passed by Additional District and Sessions Judge, Court No. 6, District Baghpat, in S.T. No. 62 of 2012, in case crime No. 311 of 2011, under section 363, 366, 376 IPC, P.S. Chhaprauli, District Baghpat, by which the revisionist was summoned under section 319 Cr.P.C.

(2.) The brief facts of this case given rise to the aforesaid revision are that an application 37B was moved by the prosecution/complainant with the allegation that the statement of the victim was recorded in the court on 07.12.2012. In her statement, she has stated that she was raped by the present accused Neeraj, revisionist, hence the offence against the applicant-accused persons is made out under section 376 (2) (G). Hence, the charge sheet under section 376 (2) (G) has also been framed against the accused persons.

(3.) The accused persons opposed the said prayer and submitted that as per statement given to the I.O. and 164 Cr.P.C., the only the allegation of rape committed by Sunil, hence there is no evidence against the applicant for framing charge under section 376 (2) (G) Cr.P.C. against the accused persons.