KAMROON KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.06.2015 passed by the Sessions Judge, Vaishali at Hajipur, in Criminal Revision No.61 of 2015 by which he has set aside the order of cognizance dated 28.02.2014 passed by the Chief Judicial Magistrate, Vaishali at Hajipur, in Desari P.S. Case No.47 of 2013 taking cognizance against Opposite Party No.2 along with other accused for the offence under Section(s) 376(G)(2) and 120-B Indian Penal Code.

(2.) The prosecution case as alleged by the petitioner (Informant), Kamroon Khatoon, is that on 20.03.2013, she had gone to market for purchasing vegetables and at about 06.45 PM while she was returning home after purchasing vegetables and reached near bamboo orchard of Kuldeep Singh, she saw Opposite Party No.2 along with Irshad standing there. Opposite Party No.2 told that he wanted to say something to her at which the Petitioner-Informant replied that she would not talk with any body. Thereafter, Opposite Party No.2 along with co-accused, Irshad, caught hold the hand of the Petitioner-Informant and took her in the wheat field of Chandeshwar Singh and made her to sit after pressing her mouth. Thereafter, Chandan Sahani and Vikash Kumar committed rape with her while Opposite Party No.2 was holding the hand of the Petitioner-Informant. Chandan Sahani told her not to disclose to any body, otherwise, he would kill her. The Petitioner-Informant came back to her home. After arrival of her husband, she narrated the incident to him. Husband of the Petitioner-Informant informed the police. Thereafter, police came and fard-e-beyan of the Petitioner-Informant was recorded.

(3.) The police after investigation did not sent up Opposite Party No.2 for trial and submitted charge-sheet against other accused persons as mentioned in the charge-sheet. The Chief Judicial Magistrate, Vaishali at Hajipur, by order dated 28.02.2014 after perusing the allegation in the written report and statement of the victim recorded under Section 164 Cr. P.C. as well as other materials available in the case diary has found prima facie case against Opposite Party No.2 also along with other accused persons against whom charge-sheet was submitted by the police and took cognizance for the offence under Section(s) 376(G)(2) and 120-B of the Indian Penal Code.