DEVENDRA ALIAS CHINTU Vs. STATE OF U P

JUDGEMENT

(1.) This is an application for quashing the order dated 24.5.2005 passed by the Addl. District and Sessions Judge Court no.5, Mathura in S.T. No. 312 of 2003 under section 376 I.P.C. P.S. Nauhjheel District Mathura.

(2.) The facts relevant for disposal of this application are that on 28.2.2003 at 5.05 P.M. Sri Sammu son of Shakoor r/o Qasba and Police Station Nauhjheel, District Mathura lodged a report at the above police station with these allegations that on the aforesaid date his minor daughter Km. Rukhsar aged about 9 years had gone to graze she goat. Akram and Nasir were also grazing their goats with her. At about 2 P.M. Chintu son of Om Prakash scolded Akram and Nasir and asked them to go away. Thereafter he took Ruksar to the Tube well room of Rajkumar Mamaji and ravished her there. Akram and Nasir told Sammu that Chintu had taken Ruksar to that room then Sammu , Kaley Khan and Yaseen went to that place and got the door of the tube well room opened; then Chintu came out of the room and ran away. Rukhsar told them weepingly that Chintu had ravished her and her clothes were blood stained.

(3.) On the basis of above report the police registered the case and after investigation submitted charge sheet against the accused persons.