OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) In the instant petition the petitioners have prayed for quashing of the FIR dated 5-10-2003, registered as case crime No. 153 of 2003, under Section 376 IPC and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') at Police Station Rura, District Kanpur Dehat.

(2.) Heard learned counsel for the petitioners, Shri Ramsheel Sharma, learned counsel for the caveator-respondent No.4 and the learned AGA and also perused the impugned FIR.

(3.) It appears that the impugned FIR has been lodged by respondent No.4, who is a woman belonging to Scheduled Caste, alleging therein that the petitioners went to her house and brought her to police station and from there they took her to the house of one Rajesh Yadav where they forcibly committed rape on her and she was also threatened that if she opens her mouth her brother and father would be confined to jail forever and thus, the allegation prima facie discloses commission of cognizable offence under Section 376 IPC and Section 3(1)(xii) of the Act.