PRIYANKA Vs. DAVENDER AND ORS

JUDGEMENT

(1.) The conspectus of the facts & material, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially, in the wake of complaint of petitioner-complainant Priyanka Rani d/o Subhash Chand (for brevity "the complainant"), a criminal case was registered against accused Davender s/o Ishwar (respondent No.1), Sanjiv s/o Sher Singh (respondent No.2), Binder s/o Prithvi (respondent No.3), Ishwar Singh s/o Phool Ram (respondent No.4) and his wife Parkasho Devi (respondent No.5), vide FIR No.35 dated 4.4.2013 (Annexure P1), on accusation of having committed the offences punishable under sections 376, 384, 366, 342, 328, 506, 120-B IPC and section 67 of The Information and Technology Act, 2000 by the police of Police Station Dhand,. Distt. Kaithal.

(2.) During the course of investigation of the case, respondents Nos.3 to 5 were found innocent by the investigating agency. However, after completion of the investigation, the police submitted the final police report (challan) against main accused Davender and Sanjiv (respondent Nos.1 and 2). They were accordingly charge sheeted for the commission of pointed offences and the case was slated for evidence of the prosecution.

(3.) Sequelly, the prosecution, in order to substantiate the charges framed against the accused, examined the prosecutrix Priyanka (complainant) as PW7 and her father as PW11 etc., who have also named respondent Nos.3 to 5 as accused. Consequently, the application (Annexure P2) moved on behalf of prosecution u/s 319 Cr.PC to summon them as additional accused to face the trial along with their other pointed main co-accused for the indicated offences, was dismissed, by way of impugned order dated 4.6.2014 (Annexure P6) by the trial Court.