DEVENDRA Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED counsel for the petitioner contends that in Case Crime No.197 of 2007, under Section 376 IPC the I.O. earlier submitted a charge sheet under Section 354 IPC but the Circle Officer by his order dated 8.8.2007 directed for reinvestigation hence, the I.O. reinvestigated the case, re-recorded the statement of the prosecutrix and submitted the subsequent charge sheet under Section 376 IPC. LEARNED counsel for the petitioner relied upon the judgement given by the another single bench of this Court in the case of Krishna Kumar Gupta Vs. State of U.P. reported in 2006(55) ACC 180.

(2.) THE earlier charge sheet dated 6.6.2007 for offence under Section 354 IPC did not reach the Court when the Circle Officer passed the order dated 8.8.2007. THE Court took the cognizance on the charge sheet dated 15.8.2007 and not on the charge sheet dated 6.6.2007. Thus, the Magistrate took the cognizance on a police report submitted under Section 173 (2) Cr.P.C. THE charge sheet consisted of the statements of the prosecutrix recorded times under Section 161 Cr.P.C. and also the statement of the prosecutrix recorded under Section 164 Cr.P.C.

(3.) THE prosecutrix in her second statement has supported the F.I.R. and has given the explanation for concealing in her first statement the fact of rape upon her. She has supported the allegation of rape in her statement recorded under Section 164 Cr.P.C. also.