ASHOK KUMAR DADHICH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner accused has prayed in this petition to quash the FIR and the proceedings in criminal case No. 48/2000 pending in the Court of Addl. Sessions Judge, Nimbaheda qua him.

(2.) LEARNED counsel for the petitioner submitted that it was a case of gang rape and the prosecutrix stated that as many as 16 persons including the present petitioner accused committed rape on her. In support of it, she had given names of only four accused in the FIR and in supplementary statement she had given names of two more and when her statement was recorded under Section 164, she had given names of ten more accused. Thus, the story put forward by the prosecutrix is wholly unreliable, therefore, proceedings initiated against the present petitioner in criminal case No. 48/2000 be quashed. It is averred in para No. 2 of this petition that in connection with the offences punishable under Secs. 376, 366 & 379 read with 37 I. P. C. the learned trial court issued arrest warrant against the petitioner accused, therefore, before filing this petition, he had approached the Sessions Court by way of anticipatory bail, which was rejected and, thereafter, he approached this court but the petition for anticipatory bail was dismissed by this Court also. It is only thereafter this petition is filed.