IBRAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr Anil Kumar, learned Senior Advocate, assisted by Mr Ram Bahadur and Mr Vishal Srivastava, learned counsel for the revisionist, Mr Preet Pal Singh Rathore, learned counsel for opposite party no.2 as well as the learned A.G.A. and perused the material placed on record.

(2.) The revisionist, by way of filing the present revision, has sought to quash the order dtd. 15/9/2022 passed by Additional Session Judge/Fast Track Court No.1, Allahabad in Sessions Trial No.132 of 2020 (State Vs. Mahfooz) arising out of Case Crime No. 331 of 2018 under Ss. 354, 452, 376-D and 506 I.P.C., Police Station Nawabganj, District Allahabad. By the impugned order, learned trial court, on an application filed by the prosecution under Sec. 319 Cr.P.C., has summoned the revisionist to face trial.

(3.) An F.I.R. was lodged on 20/7/2018 by opposite party no.2 (prosecutrix) alleging therein that her neighbours Israr alias Raju son of Harun alias Babu and Mahfooz son of Shamum had evil eyes on her. On 5/7/2018 at about 2 p.m. when prosecutrix was returning home from Mansoorabad, they teased her in front of Fatehpur. The prosecutrix made a complaint on 100 Dial, but no action was taken. On 8/7/2018 at about 1.00 a.m. (in night) aforesaid two persons with two unknown companions entered into the house from the roof. The prosecutrix was sleeping opening the door due to hot weather. Meanwhile, all the four persons gagged her mouth and on point of country-made pistol, they all committed rape wit her. They also threatened her not to disclose it to anyone, otherwise she and her mother will be killed. The prosecutrix gave information of the incident in the morning at Police Station Nawabganj, but no action was taken, hence an application is being moved to Inspector General of Police, Allahabad. After investigation charge-sheet was submitted on 17/4/2019 against Mahfooz son of Shamum. Thereafter vide CD Parcha dtd. 11/8/2019, the two accused Israr alias Raju and Bablu alias Sharif were exonerated. During trial after statement of two witnesses, prosecutrix PW 1 and Anwari Bano PW 2, an application under Sec. 319 Cr.P.C. was filed by the prosecution alleging therein that the report of prosecutrix was not registered at Police Station Nawabganj, she moved an application dtd. 12/7/2018 to Inspector General of Police, Prayagraj and on this application Case Crime No. 331 of 2018 under Ss. 354, 452, 376-D and 506 I.P.C. was registered against Israr alias Raju son of Harun alias Babu and Mahfooz son of Shamum. After narrating the averments of the F.I.R., it is further alleged that statement of the victim was recorded under Sec. 164 Cr.P.C. in which she has taken the names of Ibrar alias Raju son of Khalil alias Babu and Sharif alias Bablu son of Haneef. In statement recorded under Sec. 161 Cr.P.C. she has taken the names of the aforesaid accused persons. The applicant has also moved an application for amendment before the High Court. Her statement has been recorded by the trial court in which she has implicated Ibrar alias Raju and Sharif alias Bablu and has reiterated that they have committed rape with her. Statement of Anwari Bano was also recorded and she has also narrated the entire incident that Ibrar alias Raju son of Khalil alias Babu and Sharif alias Bablu son of Haneef have committed rape on her. On the aforesaid grounds, prayer was made to summon the accused. Learned trial court has allowed aforesaid application and summoned the revisionist-accused and Bablu alias Sharif.