ANOOP KUMARI Vs. YOGESH AND OTHERS

JUDGEMENT

(1.) THROUGH the present petition, the petitioner prays for quashing of order dated 28.02.2013, passed by the learned Additional Sessions Judge, Narnaul, whereby application moved by the petitioner under Section 319 Cr.P.C. for summoning the respondents as additional accused, has been dismissed. Mahender Singh, father of respondent Yogesh and husband of Ramrati is facing trial for offence under Sections 323, 363, 366, 313, 376, 201, 506 IPC and Section 3 of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecutrix appeared in the witness box and made a statement that Mahender Singh on the pretext of getting some business for the complainant developed physical relations and remained subjecting her to sexual intercourse for a period of about three years, which resulted in pregnancy twice. She also deposed about an occurrence in which she was inflicted injuries by respondent Ramrati and the said occurrence allegedly took place in the house of Mahender Singh, where she had gone at persuasion of Mahender Singh for settlement of dispute regarding money. She further deposed about another occurrence when Yogesh son of accused Mahender Singh slapped her and took away certain medical records and her mobile phone bearing No. 8053313465 which contained a video film of Mahender Singh and the prosecutrix. She has also deposed that at the behest of Mahender Singh, she was subject to rape by respondents No. 3 and 4.

(2.) A perusal of the statement of the prosecutrix does not lead us anywhere as to on which date, month and year, the occurrence in regard to attribution to Ramrati, Yogesh, Mahesh and Roop Chand took place. Any offence committed by the respondents would be an independent cause of action to initiate criminal proceedings against them. The complainant cannot be permitted to abuse the process of law seeking summoning of 'n' number of persons in a criminal trial faced by an accused for a particular crime. Ramrati, Yogesh, Mahesh and Roop Chand have not been alleged to be a party to the offence of rape for which Mahender Singh is facing trial. Mahender Singh is not stated to be a party in regard to any criminal act committed by Ramrati and Yogesh. If Mahender Singh has connived with Mahesh and Roop Chand in regard to rape of the prosecutrix, Mahesh and Roop Chand cannot be summoned as additional accused to face trial with Mahender Singh with regard to his culpability of subjecting the prosecutrix to sexual assault on different occasions.