MANJIT KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Impugned in the present petition is the order dated 11.12.2013 passed by learned Addl. Sessions Judge, Karnal, vide which the application of the petitioner under Section 319 Cr.P.C. for summoning Rimpy daughter of Satpal and Parvinder Kaur wife of Swaran Singh was dismissed.

(2.) However, at the time of hearing on 16.01.2014, the petitioner restricted his prayer only qua Rimpy. The petition qua Parvinder Kaur was dismissed. Briefly facts of the case are that Rahul brother of Rimpy was challaned under Sections 363, 366A, 120-B and 376(2) IPC and Section 5 of the Protection of Children from Sexual Offences Act, 2012, (in short ' POCSO Act') vide FIR No.293, dated 05.08.2013 Police Station Butana.

(3.) The allegations levelled in the complaint of Manjit Kaur, mother of the prosecutrix are that the prosecutrix had passed 10+2 from Government Senior Secondary School, Raipur in 2013. The prosecutrix was studying in the said school about four months ago. Rahul was plying the school bus. On 30.07.2013, the prosecutrix along with her brother Khushwant Singh had gone to Akash Institute Poultry Area, Nilokheri on a motorcycle for attending English Speaking Course. At about 4.00 p.m., the prosecutrix left the centre for drinking water but did not return. On 05.08.2013, the complainant came to know that Rahul in connivance with his sister Rimpy kidnapped the prosecutrix on the pretext of marrying her. The prosecutrix was recovered on 08.08.2013 and the challan was presented against accused Rahul and his friend Manoj.