PANKAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE case is for offence under Sections 376/452/342/506/34/363/376 (2)(g) IPC.

(2.) THE prosecutrix is Priyanka. FIR was registered on the very next day but in that FIR, present petitioner Pankaj is not named at all and the allegations levelled are against Deepak that he grabbed Priyanka and took her to his room and committed rape. Thereafter statement of this Priyanka under Section 164 Criminal Procedure Code was recorded on 15.12.2005 i.e. after about 15 days of the occurrence, before a Magistrate. In that she had stated that Deepak and Pankaj had caught hold of her and taken her to the room of their house. They had forcibly removed her clothes and Deepak had committed rape with her and Pankaj petitioner was showing knife and was threatening.

(3.) I find that Pankaj petitioner was not named at all by the prosecutrix and she had levelled allegation only against Deepak when FIR was recorded. Then after about 15 days of the occurrence in a statement under Section 164 Criminal Procedure Code before the Magistrate, name of Pankaj petitioner comes in. Still allegations are that Pankaj had shown knife and Deepak committed rape.