SANGEETA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner challenging the order dated 28.11.2011 passed by the learned Additional Sessions Judge, Bali in Sessions Case No.40/2010 whereby the application filed by the prosecution under Sec. 319 Crimial P.C. for summoning the petitioners as additional accused in this case for conspiracy in committing rape, was accepted.

(2.) Learned counsel for the petitioner referring to the statement of the prosecutrix Smt. Rekha recorded at the trial submits that even if the said statement is accepted to be true at its highest, then also the allegation of conspiracy cannot be substantiated. He submits that the highest allegation of the prosecution is that the principal accused Mukesh was behaving with the petitioners in an obscene manner, whereafter both of them went away, and after that Mukesh told the prosecutrix to bring water and thereafter followed her and committed rape upon her. He further alleged that petitioners were told about the incident but they rather than helping of the prosecutrix, did not act in the manner in which they were required to act.

(3.) Learned counsel submits that merely by this fact, it cannot be inferred that the petitioners had conspired with the principal accused for facilitating the act of rape by the principal accused upon the prosecutrix. Learned counsel submits that for the purpose of proceeding against an additional accused under section 319 Crimial P.C., a specific finding has to be arrived at that there is a reasonable possibility of the newly added accused being convicted in the case, then only the additional accused can be summoned for trial with the principal accused. Thus, he submits that there is no such finding of the trial court in this case, and therefore the order summoning the additional accused is absolutely illegal.