(1.) THIS revision has been filed against the order dated 24.4.2015, whereby an application under Section 319 Cr.P.C to summon Harjeet Singh, Harbhajan Singh @ Kala, Gaurav, Sukhwinder and Gurmeet Kaur as additional accused has been dismissed.
(2.) IN this case, as per the allegations in the FIR, on the intervening night of 20/21.8.2013 at about 1:00 a.m, when the prosecutrix was sleeping in her house, she heard someone knocking at the door. She opened the door. Harjit Singh, Harbhajan Singh, Gaurav, Balwinder Singh were standing outside the door. They took the prosecutrix in a car. Balwinder Singh committed rape upon her while the other accused were standing outside the room. Thereafter she was taken to Fatehabad. She was threatened that if she does not go with them they would kill her younger brother. Thereafter, Balwinder Singh took her to Sirsa by bus and after that, he took her to Bhatinda by a train. Balwinder Singh committed rape upon her again at Bhatinda. Then Balwinder Singh took her to Amritsar from Bhatinda by train. Gurmit Kaur, mother of Balwinder Singh and his brother Sukhwinder Singh also came there. They asked Balwinder Singh that the police is search them and he should leave the prosecutrix. Thereafter Balwinder Singh with his brother and mother took her in a car back at Village Dariyapur, District Fatehabad. They pressurized her to give statement in their favour otherwise they would kill her younger brother. At village Dariyapur, police apprehended Balwinder Singh. Prosecutrix was produced before Illaqa Magistrate by the police. Out of fear, she made statement that she went with the aforesaid accused with her sweet will. She was sent to Nari Niketan, Karnal. After being released form Nari Niketan, she deposed against the accused.
(3.) COUNSEL for respondents no. 2 & 3 has argued that the name of the accused sought to be summoned were not mentioned in the FIR. In her statement made under Section 161 Cr.P.C (Ex.P -6) when she was recovered by the police, she simply stated that she had accompanied Balwinder Singh of her own sweet will. Even in that statement, the role of these accused to be summoned is not made out. She was thereafter sent to Nari Niketan. She gave a similar statement before the Judicial Magistrate First Class, Fatehabad under Section 164 Cr.P.C. It is the case of no evidence against the accused sought to be summoned. At the time of recording of statement under Section 164 Cr.P.C, no pressure was exerted on the prosecutrix.