POKAR RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition filed by the petitioners under Sec. 397/401, Crimial P.C., the petitioners are challenging order dated 16.05.2011 passed by Addl. Sessions Judge, Deedwana (District Nagaur) in Sessions Case No.2/2011, whereby, the trial Court allowed application filed under Sec. 319, Cr.P.C. and took cognizance of offences under Sections 363, 366 (i) and 376(2)(g), I.P.C. against the petitioners and summoned the petitioners through warrant of arrest.

(2.) Learned counsel for the petitioners argued that initially written FIR was filed by the complainant, in which, allegation of rape was made against Daularam s/o Rameshwar and Manoj Dabra. Thereafter, in the statement recorded under Sec. 161, Crimial P.C. the complainant made allegations of rape against Daula Ram and Manoj Dabra only but, in the statement recorded under Sec. 164, Crimial P.C. on 13.11.2010, the prosecutrix made allegation against the petitioners also along with Daula Ram and Manoj Dabra. The police after investigation filed challan against only 2 persons viz., Daula Ram and Manoj Dabra and, after filing challan, the case was committed to the Court of Sessions Judge, Merta and, ultimately transferred to the Court of Addl. Sessions Judge, Deedwana for trial where the trial is going on.

(3.) During trial, statement of prosecutrix was recorded as P.W.-1 and statement of Arjun Ram as P.W.-2. Thereafter, an application was filed under Sec. 319, Crimial P.C. by the Public Prosecutor, upon which, learned trial Court took cognizance and issued warrant of arrest for securing the presence of the petitioners.