RADHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been directed against the order dated 19.8.2004, passed by Addl. Sessions Judge, F.T.C. I, Jaunpur in S.T. No. 253 of 2003, State v. Shiv Shanker and others, whereby the revisionist has been summoned under Section 319, Cr. P.C.

(2.) THE facts which gave rise to this revision, in brief, are that opposite party No. 2 Smt. Meena Devi had lodged a report at Police Station Sujanganj, District Jaunpur that her minor daughter Km. Kanchan was kidnapped on 2.12.97 from the house. On the basis of the report a case under Section 363, I.P.C. was registered against the revisionist and one Shiv Shanker Tiwari. THE police investigated the case, recovered the kidnapped girl, arrested the accused persons and filed the charge-sheet under Sections 363 and 366A, I.P.C. against Shiv Shanker and 4 others. After the case was committed to the Court of Sessions for trial, charges of the aforesaid sections were framed against the accused persons. During the trial P.W. 1 Smt. Meena Devi and her daughter P.W. 2 Km. Kanchan were examined. After their examination, two applications 29B and 32B were moved by the prosecution. Application 29B was moved under Section 216, Cr. P.C. for addition of the charge of Section 376, I.P.C. against accused persons and application 32B was moved under Section 319, Cr. P.C. for proceeding against Smt. Radha Devi, the revisionist, together with present accused persons.

(3.) ACCORDING to the memo of revision, the prosecutrix Km. Kanchan had not named the revisionist in her statement recorded under Section 164, Cr. P.C. and the witnesses examined before the trial court were not cross-examined. Thus, no opportunity was given to the accused persons to cross-examine the witnesses and the learned trial Judge has overlooked the above circumstances in passing the impugned order.