(1.) THE petitioner has challenged the order passed by Additional Sessions Judge, Rohtak on 12.7.2006, vide which application filed by the prosecution for summoning respondent Nos. 1 and 2 under Section 319 Cr.P.C. as additional accused to face trial along with Mukesh Kaushik and two others, was dismissed.
(2.) THE complaint was filed by the petitioner on 24.9.2005, wherein she stated that she was born on 1.1.1998. On the day of occurrence, she was, thus, less than 18 years of age. On 13.12.2004, she was allured by Mukesh Kaushik accused by promising her to arrange employment for her. He took her to his house where accused Meenakshi Kaushik and Nishi Kaushik were present. They filled sindoor in the maang of the complainant and threatened her that if she disclosed about the same to anyone, she would be done to death. On 23.12.2004, she was taken to Balaji (Mehandipur) by Mukesh Kaushik, where she was seen by one Krishan Bania on 31.12.2004. Accordingly, her father brought her back. Out of fear of the accused, the complainant and her parents left the area and started residing in another area. On 7.2.2005 her father went back to join his duty in B.S.F. On the following day, accused Mukesh Kaushik, while accompanied by his mother, two sisters and two other unknown persons came to her house and abducted her. She was kept at Kaushik Coaching Centre, where she was raped by accused Mukesh Kaushik. She became pregnant. However, the accused got her pregnancy terminated at Julka Nursing Home, Rohtak. At that time, Mukesh Kaushik along with hs father and two sisters was present there. After the abortion, the accused kept the complainant for some days and, thereafter, she was turned out of the house.
(3.) WHEN called upon to lead evidence, the prosecution examined as many as eight witnesses. Thereafter an application was filed under Section 319 Cr.P.C. for summoning Meenakshi Kaushik and Nishi Kaushik also as additional accused to face trial along with others.