LAWS(P&H)-2019-2-44

FOJIYA Vs. STATE OF HARYANA AND OTHERS

Decided On February 06, 2019
Fojiya Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The petitioner has filed present petition under Sec. 482 Cr.PC for quashing of the order dated 11.12.2017 passed by learned Judicial Magistrate 1st Class, Panipat, whereby the application moved by the petitioner for re-investigation in FIR No.15 dated 15.10.2015 under Sections 376-D, 452 and 506 read with Sec. 34 Penal Code and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 registered at Women Police Station, Panipat, was dismissed.

(2.) Prayer has also been made for issuance of a direction to official respondent No.2 to get the matter further investigated by some independent agency.

(3.) Briefly stated, the petitioner-prosecutrix, aged about 18 years and the accused persons are staying in the same locality. Accused Shahdab son of Mehmood and Afsar son of Mohammad are residents of Mohalla Khel Kalan, Tehsil Kariana, District Shamli (U.P.), and presently residing near Sanjay Chowk, Panipat. Accused Shahdab had a bad eye on the prosecutrix and used to tease her when she used to go to school. He also used to threat her to kidnap and for this reason, the parents of the prosecutrix discontinued her studies. On 15.09.2015, accused Shahdab entered the house of the prosecutrix and tried to molest her. When the prosecutrix made a complaint to her mother, the family members of the accused came to their house and gave an assurance that in future he will not repeat such mistake. On 14.10.2015, the prosecutrix along with her mother had gone to Civil Hospital, Panipat to take medicine and were standing inside the hospital. When the mother of prosecutrix had gone for the prescription slip, at about 12.00 noon, the accused persons came in a Swift Dezire (white colour car) and tried to pull the prosecutrix in the car while pressing her mouth. However, on raising noise by the prosecutrix, people gathered there. The accused left the place, but with a threat to kidnap and to kill her in future. Accordingly, FIR No.15 dated 15.10.2015 under Sections 452 and 506 read with Sec. 34 Penal Code and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 was registered at Women Police Station, Panipat against accused Shahdab and Afsar. Later on, on the basis of statement of the prosecutrix under Sec. 164 Crimial P.C., the offence under Sec. 376-D was also added in the case.