LAXMI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condoning delay in filing revision against the judgment and order dated 28.7.2003 passed by Sri Mahipat Singh Verma then C.J.M. Kaushambi in Criminal Case No. 1461 of 2002 (State v. Rajesh and Ors. arising out of Case Crime No. 115/2001 Police Station Sarai Akil District Kaushambi under Sections 452, 354. 323, 504, 506 I.P.C.

(2.) The facts relevant for disposal of this application are that on on 7.9.01 the applicant Smt. Laxmi Devi moved an application before the District Magistrate, Kaushambi alleging that she resides at village Khoya P.S. Sarai Akil District Kaushambi. Her daughter Seema Devi was a student of Class VIIth . On 27.8.01 at 4 P.M. She came back to her house and there was none present in the house at that time. Accused Rajesh entered the house and tried to commit indecent assault upon her. When Seema devi objected to it , he pointed pistol towards her and started to beat her with Chappal and slaps. Seema came out of the house to protect herself . In the mentime, Laxmi Devi and neighbours reached there. Then Seema Devi narrated the entire incident before them . By that time Rajesh and Santosh, sons of Jagroop and their mother Sumitra reached there and they started to beat pregnant Laxmi Devi as well as her daughter Seema Devi by Dandas fists and legs . Laxmi Devi went to the police station Sarai Akil and when her report was not written, she went to the S .P. who directed for registration of the case, but even then the S.O. Sarai Akil refused to register the case. Thereafter again the incident of Marpit with Seema was committed on 29.8.01 and she went to the police station to lodge a report but her report was not written. Thereafter again an incident of Marpit of Seema was committed by the accused on 30.8.01 after pointing pistol towards her and she was threatened that if information of the incident is given, she and her mother and brothers will be killed . This incident was again repeated with Seema and Laxmi on 4.9.01 and she again went to police station Sarai Akil to lodge a report but her report was not written. Then she moved an application before the District Magistrate on 7.9.01 making a request for for medical examination of her daughter and of herself and for registration of the case under Sections 323/504/506/354 and 363 I.P.C.

(3.) On the basis of the order of the District Magistrate a case was registered against the accused under Sections 452/354/323/504/506 I.P.C. on 11.9.01 The injuries of Laxmi and Seema Devi were also medically examined on 11.9.01 in the evening . Laxmi Devi had a healed abrasion on dorsal of right forearm and swelling of trauma on dorsal of right palm and a contusion on left fore arm . Duration of these injuries was about two weeks and the injuries were simple . Km. Seema Devi had swelling of Trauma, with tendernes on left side of face and abrasion on right fore arm . The injuries were simple and duration was about two weeks..