SHAKUNTLA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition lays challenge to order dated 20.05.2013, passed by the Court of Additional Sessions Judge, Rewari, whereby the application filed by the petitioner for summoning private respondents No. 2 to 7 - Roshni and others, as additional accused under Section 319 Cr.P.C., has been dismissed.

(2.) Briefly stated, Om Parkash son of Matadin, is facing trial in a criminal case, registered against him, vide FIR No. 87 dated 08.11.2011 for offence under Sections 366/420 IPC at Police Station Jatunsana. During the pendency of the trial, complainant Shakuntala moved an application forwarded by the Public Prosecutor for summoning of Sanju son of Om Parkash, Roshni wife of Om Parkash, Suman daughter of Om Parkash, Azad Singh, Ashok and Rakesh son of Sheo Ram as additional accused to stand trial in this case along with accused Om Parkash. The learned trial Court, on appreciation of the allegations in the FIR and statement of the complainant recorded during trial while analyzing the contentions of the prosecution in the light of various judgments rendered by Hon'ble the Supreme Court, particularly the observations made in Michael Machado and another v. Central Bureau of Investigation and another, 2000 2 RCR(Cri) 75, refused to exercise this extra-ordinary power with the observations that suspicion alone is not sufficient to summon the accused and they can be summoned when there is reasonable prospect of convicting them of the offence charged.

(3.) Counsel for the petitioner submits that Om Parkash accused had been sexually exploiting the complainant with a promise to perform marriage, but failed to do. It is further submitted that accused Om Parkash along with other persons now sought to be summoned as additional accused with an intention to save Om Parkash of his illegal act of rape, took the complainant to Delhi and performed her marriage with Om Parkash and got her signatures on certain papers and, therefore, they are liable to be summoned as additional accused to face the consequence of their criminal conduct.