LADA DEVI JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant criminal misc. petition has been filed by mother of the prosecutrix.

(2.) Brief facts giving rise to this petition are that the petitioner lodged a report at Police Station, Lambaharisingh, District Tonk on 28/06/2020 against accused namely; Rajendra Loor, Jeetram, Nand Kishore, Girraj Loor S/o Polu, Nanda and Vikas alleging therein that they abducted her minor daughter namely Sarita and all the name accused ravished her minor daughter whereupon an FIR No.0131/2020 at Police Station Lambaharisingh was registered under Section 143, 363, 342, 323, 506, 376(D)(A) IPC and Sections 5(g) and 6 of POCSO Act.

(3.) It is stated that the date of birth being 21/10/2005, the victim is aged about 14 years and 6 months. The statement of prosecutrix has been recorded under Section 164 Cr.P.C. wherein she mentioned of having been abducted by one Jeetram and Rajendra from her house and taken to 'Tatia' village in a 'Bara' where Nandkishore, Vikas and Girraj were already present and all five of them threatened her of her life and Rajendra, Jeetram raped here in the 'Bara' and thereafter Nandkishore, Vikas and Girraj took her to another room in other house in the same village and all three of them raped her and left her in the morning at 4.00 AM where here uncle Kushiram and Raju came while searching her and brought her to the house. The date of incident is intervening night of 27th June, 2020 to 28th June, 2020 and the FIR was registered on 28/06/2020 immediately thereafter. On the complaint made under Sections 143, 363, 342, 323, 506, 376(D) (A) IPC and Sections 5(g) and 6 of POCSO Act, the petitioner-mother submits that the local police is not investigating the matter and despite specific names mentioned of all the accused persons, the Police only filed charge-sheet against one Rajendra and did not arrest the remaining four persons and kept the investigating pending under Section 173(8) Cr.P.C.