SHAHIDA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has come up at the instance of one Smt. Shahida wife of Musabbar Khan, who lodged a First Information Report dated 18.08.2014 (Case Crime No. 243 of 2014) in Police Station Behat, District Saharanpur alleging that at about 11.00 am, she and her daughter Km. Arsi, were going to Behat market for shopping when, near the canal, at Behat-Murtazapur Road, a white coloured fourwheeler came in which there were five persons, who forcibly took away her daughter and ran in the vehicle towards Behat.

(2.) On 16.10.2014, victim Km. Arsi was recovered who stated that she was taken away forcibly by Ahsan, Irfan, Unus, Aurangzeb and Farman, all belong to the same village to which the victim belong. She was kept in the house of Rizwana at Sathauli and consistently raped. Thereafter she was thrown at some other place wherefrom she was recovered by some people and on getting conscious she informed details of her father whereafter police and her father came.

(3.) Her statement under Section 164 Cr.P.C. was recorded before Additional Chief Judicial Magistrate, Saharanpur on 27.10.2014 wherein also she reiterated the above facts.