USMAN Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The challenge by way of this revision petition is to the order dated 26.03.2012 passed by learned Additional Sessions Judge, Nuh, whereby application under section 319 Cr.P.C., for summoning Ashu, Nasim and Arif as additional accused has been dismissed.

(2.) A case was registered at Police Station Punhana by way of FIR No. 143 of the year 2011 for an offence punishable under sections 363, 366-A, 376(2)(g) IPC . In the said FIR, it was alleged that the prosecutrix was kidnapped by various persons including Ashu, Nasim and Arif. During investigation the police found Ashu, Nasim and Arif alongwith two others namely Sahab Khan and Fakruddin innocent. At the trial after recording the evidence of the prosecutrix, application under section 319 Cr.P.C. has been made and the said application has been dismissed by way of the impugned order.

(3.) Learned counsel for the petitioner has contended that the FIR names Nasim, Ashu and Arif as accused. According to him, in all, seven persons were named in the FIR for having kidnapped the prosecutrix and to have taken her to Gurgaon, where she was subjected to gang rape. According to him, on the orders of this court, the police recorded the statement of the prosecutrix under section 164 Cr.P.C., which is Annexure P-4. According to him, in the same also, the prosecutrix names them as the kidnappers who committed rape upon her. He has further submitted that thereafter her statement was recorded in the court, in which again she has named them. He has further submitted that learned trial court has rejected the application only on the sole ground that no application under section 319 Cr.P.C. was brought against Fakruddin and Sahab Khan, the other two who were found inocent by the police.