SARVJEET KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 10.08.2017, passed by the Additional Sessions Judge, Karnal who refused to summon the additional persons named by the complainant.

(2.) The factual details pertaining to the FIR are contained in para 2 of the order, according to which a complaint was given on 11.07.2016 to register a case against Punjab Singh and two other persons. The complainant had disclosed that her husband had died in 2008. The allegations were that Punjab Singh forcibly entered her house in 2012 and had ravished her. The allegations were that one month later Sahab Singh accompanied him and both of them committed rape. Two months later Punjab Singh brought Suba Singh who also committed rape. A threat was given to kill her children. Allegations were made that Punjab Singh had ravished her and had obtained her signatures on blank papers and it was now revealed that on the basis of her signatures he had got her house registered in the name of his wife. The allegations were that all of them came on 10.07.2016 and physically assaulted her and took away her valuables.

(3.) The police registered FIR under Sections 323, 452, 376-D, 420, 506 IPC and under Section 25 of the Arms Act but filed the challan only against Punjab Singh. During investigation, it was revealed that Sahab Singh and Suba Singh had attended a Panchayat convened on 11.07.2016 to resolve the dispute between the complainant and Punjab Singh. Earlier also on 06.07.2016 the parties had arrived at a settlement and they had given affidavits but a complaint was given against Punjab Singh on 08.07.2016, therefore the settlement failed as the complainant had declared that she would not vacate the house. Charge was framed against Punjab Singh. Thereafter, the prosecutrix made a statement and the complainant filed an application under Section 319 Cr.P.C. seeking to summon the other two persons named by her. The application was forwarded by the Public Prosecutor. I have heard counsel of both the sides.