SUNITA VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order dtd. 9/2/2018 passed by learned Additional Sessions Judge, Faridabad vide which second application under Sec. 319 Cr.P.C. filed by the prosecution for summoning respondents Tannu @ Yogesh, Ritu and Avdesh as additional accused to face trial with charge-sheeted accused Rampal and Parveen had been dismissed.

(2.) Briefly stated, the facts of the case, are that the complainant (name not being mentioned to conceal her identity and referred to as 'the prosecutrix') had submitted a complaint to the Police Commissioner, Faridabad seeking lodging of FIR against Rampal and Parveen for committing rape upon her, blackmailing her through obscene video and extending threats to her life. Inter alia the complainant submitted that she is married having four children; that she had purchased a plot at Faridabad through Rampal, as a result of which, Rampal got acquainted with her and started visiting her house frequently; that about four months earlier Rampal along with his associates Parveen, Tannu @ Yogesh and Ritu came to house of complainant in an Alto car and asked her to accompany them to the site of the plot; the complainant refused to do so since her husband was not at home, however, on insistence of Rampal, the complainant accompanied them in Alto car for going to site of the plot, however, en-route she was intoxicated and was carried towards Mathura side; that when the complainant regained consciousness, she found herself in a hotel room where Rampal and Parveen had forcible sexual intercourse with her; that in the morning hours both of them threatened the complainant that in case she disclosed the incident to any other person then they would kill her family members, therefore, the complainant kept quiet. According to the complainant, after this incident both the culprits i.e. Rampal and Parveen became got emboldened and started visiting her house quite frequently asking her to become their keep and when the complainant refused to do so, they started misbehaving with her daughters; that on 8/5/2016 while the complainant was going towards her residence from the market, she came across Rampal, who asked the complainant to live as his keep pressurising her to accompany him but the complainant refused and threatened to report the matter to the police; that Rampal started abusing the complainant claiming that the police department was in his pocket; he threatened to kill the complainant and her children if she reported the matter to the police; that on 9/5/2016, the complainant submitted a complaint to higher police authorities; that on coming to know about the same, Rampal and his associates threatened the complainant; that accused asked Renu to call the complainant on her mobile phone, who did so and threatened the complainant; that under influence created by Rampal and his associates, one ASI namely Maya Rani posted at Police Station Women Cell, Faridabad also made a call to the complainant from her mobile asking her to come to police station on 3/4/6/2016 and when the complainant reached there, she found that Rampal and Avdesh accused were already there, then all the accused as well as Maya Rani ASI pressurised the complainant to withdraw her complaint, failing which, the complainant and her associates would be implicated in false and fabricated cases, therefore, the complainant was left with no other option but to sign on blank papers; that on 4/6/2016, accused Rampal and others took the complainant to Women Police Station at gun point and made her to sign blank papers; that on that very day when the complainant went to her sister's house at village Chilbila, District Partapgarh (U.P.) to look after her ailing sister, the police party raided residence of the complainant at about 11:30 p.m. and started beating up children of the complainant threatening that since a case was pending against the complainant, she be sent to police station at the earliest; that the children of the complainant had noticed Rampal and Avdesh accused standing outside their house as they were accompanying the police officials; the children of the complainant informed the complainant accordingly; that on 5/6/2006 at about 10:30 p.m., accused Rampal and Avdesh reached the residence of complainant and at that time, they were under influence of liquor and they started misbehaving with daughters of the complainant asking them to entertain them till their mother - the complainant returned. In the written complaint, the complainant sought taking of action against the culprits.

(3.) Formal FIR in the matter was registered. The investigation in the case started. After completion of investigation and other formalities, challan against Rampal and Parveen only was filed in the Court. The trial against Rampal and Parveen proceeded, during the course of which, the prosecution moved an application under Sec. 319 Cr.P.C. for summoning of the additional accused, which was dismissed by the trial Court vide order dtd. 17/4/2017. The trial Court vide a detailed well reasoned order in light of the settled law on the subject came to the conclusion that the application deserved to be dismissed. The reasons for the same have been given as under: