MANJU DEVI (SMT.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition under Section 482 Criminal Procedure Code is preferred by the petitioner seeking direction for recording the statement of the petitioner-prosecutrix under Section 164 Criminal Procedure Code afresh in F.I.R. No. 486/2009 registered at Police Station Bagru, District Jaipur.

(2.) Learned counsel for the petitioner submits that on 13.8.2009 the petitioner was taken by Mustgim @ Sethi and Chhotu in Bolero Jeep from Bhankrota Chauraha to Jaipur after enticing her against her will. They stayed in the night at the house of Chhotu, where both these persons committed rape with her. On next day she was taken to Ajmer, where they stayed for two days at Ajmer Hotel and there also both these persons committed rape with her. They have also taken her obscene photographs to blackmail and threaten her so that she may not disclose the incident to anyone.

(3.) On 8.9.2009, the statement of the prosecutrix-petitioner was recorded under Section 164 Criminal Procedure Code in the Court of Judicial Magistrate No. 2, Jaipur District, Jaipur, wherein she did not level any allegation of rape against the aforesaid persons and stated that she went with these persons on her own.