ROSHNI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has impugned order dated 24.4.2012 whereby she has been summoned to face trial under Section 120-B IPC with main accused Ashok @ Sonu for committing rape on the prosecutrix. Learned counsel contends that from a perusal of statement of prosecutrix, no conclusion can be arrived at regarding reasonable probability of conviction of petitioner Roshni Devi. According to her, allegation against the petitioner is merely that she asked prosecutrix to come to her place. No offence would thus made out. She further contends that prosecutrix has improved her version when she stepped into the witness box. Same is unworthy of reliance. Thus, court below committed a grave error while summoning the petitioner as an additional accused in exercise of powers under Section 319 Cr.P.C. She has relied upon the judgment of apex court reported as Sarabjit Singh and others vs. State of Punjab and another, 2009(16) SCC 46 in support of her contention.

(2.) HEARD learned counsel for the petitioner.

(3.) IT appears that trial court has rightly arrived at a conclusion that petitioner needs to be summoned under Section 319 Cr.P.C. to face trial.