LAL SHOOR Vs. STATE

JUDGEMENT

(1.) It is no more res integra that exercise of power under Section 561-A Cr.P.C is rarely to be exercised so as to avoid abuse of process of the court or otherwise to secure ends of justice. Instant case on birds eye view appear to be one such case which warrants exercise of the said power.

(2.) The contention of the learned counsel that for the occurrence as alleged in the FIR No. 263/2006 dated 7.10.2006 registered at Police Station Gandhi Nagar, Jammu is the same occurrence regarding which earlier FIR was lodged and registered as crime No.35 dated 8.7.2006 at Police Station Sunder Bani.

(3.) The investigation of the case as registered at Sunder Bani culminated in presenting chargesheet and finally accused Surinder Singh faced trial for commission of offence punishable under Section 376 RPC. On conclusion of the trial the accused earned acquittal as is clear from the judgment dated 31.03.2008. In the said judgment statement of prosecutrix Mst. Manju Devi has been recorded wherein she has stated that the accused never committed rape upon her. Her father, Puran Chand also refuted the prosecution story by stating that her daughter never told him that she has been raped. Same is the position stated by the Vidya Devi maternal mother of the prosecutrix based on which acquittal was the only result.