GUREI BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under section 482 of Cr.P.C., the petitioner Gurei Barik who is the wife of accused Ramesh Chandra Barik has prayed to quash the impugned order dated 25.09.2004 passed by the learned J.M.F.C., Narsinghpur in G.R. Case No.105 of 2004 in taking cognizance of the offences under sections 376/506/109 of the Indian Penal Code and issuance of process against her. The said case arises out of Narsinghpur P.S. Case No.67 of 2004.

(2.) It appears from the first information report lodged by the victim before the officer in charge, Narsinghpur Police Station, Cuttack on 29.05.2004 that on 28.05.2004 accused Ramesh Chandra Barik committed rape on her and also threatened her not to disclose the incident before anybody. The allegation against the petitioner is that the petitioner who is the wife of accused Ramesh Chandra Barik took the victim from her house to her bed room and left that place whereafter the accused Ramesh Chandra Barik committed the crime. The victim in her 161 Cr.P.C. statement has stated that about 8 to 10 days prior to the date of occurrence, she had borrowed a sum of Rs.50/- from the accused Ramesh Chandra Barik and on the date of occurrence while she was sitting on the varandah of one Gaya Barik, the petitioner came there and told her that co-accused Ramesh Chandra Barik was calling her. The victim accompanied the petitioner and the petitioner left the victim near the bed room asking the victim to proceed ahead and thereafter she left that spot and when the victim entered into the room, the crime was committed by accused Ramesh Chandra Barik.

(3.) It is contended by Mr. Bhabani Sankar Mishra, learned counsel appearing the petitioner that the main allegation is against co-accused Ramesh Barik and due to previous dispute between the parties, the case has been foisted against the petitioner merely she happens to be the wife of main accused. He placed the F.I.R. lodged by the victim as well as 161 Cr.P.C. statement of the victim.