KANTA DEVI Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') relates to quashment of F.I.R. No. 38, dated 9th April, 1989, under Sections 366/376/342, Indian Penal Code, (Annexure P1), registered at Police Station City, Muktsar, District Faridkot.

(2.) IN brief, according to the allegations in the F.I.R., lodged on the basis of the statement of Smt. Kanta Devi prosecutrix (who is also the Petitioner in the present petition), are, that on 7th April, 1989 at about 7 P.M. she along with her brothers Sunil and Rajesh went to the shop of Jagan Nath -Munshi Ram, for getting V.C.R. and T.V. on rent. At the shop Sukhbir Singh, son of Bhagwan Singh, Narinder Kumar, son of Ved Parkash, Kanwarbir Singh, son of Jagmohan Singh Fattanwala, Harbans Singh alias Bansi Tailor, Niraj alias Bittu, son of Verma Advocate, Jaswinder Singh alias Goli, son of Gurpreet Singh, were already present there, Kanta Devi and her brothers left for their house on a rickshaw. On the way, as they reached near Rajpaul Cinema, all the aforesaid six accused dragged her from the rickshaw, gave beating to her brothers and rickshaw wala who, ran away. Meanwhile, the accused took Smt. Kanta Devi in the box of that cinema. Thereafter, all the aforesaid six accused committed rape on her.

(3.) ON behalf of the State it was asserted that the statement of the prosecutrix was got recorded on 11th April, 1989 in the Court of Sub -Divisional Judicial Magistrate, Muktsar, under Section 164 of the Code (Annexure R1) and subsequently, on the basis of her statement, another case under Sections 368/342/506/147/149 Indian Penal Code, was registered against the accused party, including Jagmohan Singh father of Kanwarbir Singh accused.