ASHOK AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The present revision petition has been filed by the petitioners for setting aside order dated 13.07.2015 passed by the Additional Sessions Judge, Rohtak, whereby, the petitioners have been summoned to face trial as an additional accused in case FIR No.32 dated 06.02.2012 registered under Sections 363, 366-A and 376 of Indian Penal Code.

(2.) The said FIR was registered on the basis of statement made by Som Lata, the mother of the prosecutrix. As per allegations in the FIR, the daughter of the complainant went to school but did not return. She further stated that accused-Ajay, who was living in the neighbourhood, was also not seen after the said date and there was a suspicion that he had allured her minor daughter to accompany him to some unknown place. The mother of the prosecutrix named the present petitioners in the complaint, on the basis of which, the FIR was registered. Initially, the FIR was registered under Sections 363 and 366-A Penal Code but thereafter, the offence under Sec. 376 of the Indian Penal Code was also added after recording the statement of the prosecutrix under Sec. 164 Crimial P.C. Although, in the initial statement of the prosecutrix, it was mentioned that she herself went with the accused persons but subsequently, in another statement, she named the accused persons by stating that she was subjected to rape by accused Ajay and while staying at Delhi, the main accused was in constant touch with his mother and maternal uncles and they made arrangements for him. It was also stated that the present petitioners went to Delhi to meet them and got her marriage performed with Ajay. Thereafter, they threatened the prosecutrix to make a statement in favour of Ajay. The case was investigated by the police. The petitioners were working as Court Clerks/Ahlmads and their call details were also obtained by the police during investigation. The challan was presented under Sec. 173 Cr.P.C in the Court of Judicial Magistrate Ist Class, Rohtak on 26.04.2012. The petitioners were declared innocent by the police and were kept in column No.2 of the challan. Thereafter, the case was committed to the Court of Sessions and the charges were framed against accused Raj Bala and Ajay. Charges were also framed against Ajay under Sections 366-A and 376 Penal Code. Som Lata, complainant appeared as PW1 and her husband Narender Singh as PW-2. The prosecutrix appeared as PW-14. The application was moved by the complainant under Sec. 319 Cr.P.C for summoning the petitioners to face trial as an additional accused. The said application was allowed on 13.07.2015 by the Additional Sessions Judge, Rohtak and the petitioners were ordered to face trial as an additional accused.

(3.) Learned counsel for the petitioners submits that the summoning order has been challenged, by filing the present petition, on the ground that the petitioners were found innocent during investigation but subsequently, they have been summoned to face trial. Learned counsel also submits that the evidence led by the prosecution was not sufficient to make out a prima facie case against the petitioners and they have been summoned only on the basis of the statement of the prosecutrix, which was an afterthought.