JAGDISH PRASAD MAHAWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this Criminal Writ Petition aggrieved by order dated 01.05.2019 passed by Chief Judicial Magistrate, Dausa whereby application filed by the petitioners for recording of statements of prosecutrix under Section 164 Cr.P.C.

(2.) It is contended by counsel for the petitioners that daughter of prosecutrix went missing on 07.02.2019 for which a report was lodged on 09.02.2019. The girl was recovered on 20.02.2019 and her statement was recorded under Section 164 Cr.P.C. prosecutrix and her mother refused in writing for medical examination of prosecutrix. Father of prosecutrix, the present petitioner, also gave a letter that no wrong act has been done with his daughter and he does not want to proceed in the case. Statement of prosecutrix was recorded under Section 164 Cr.P.C. by the Magistrate wherein she made statement that she with on her own free will went with her maternal uncle to Agra and that her maternal uncle had not done any wrong act with her.

(3.) It is contended that the petitioner thereafter filed a complaint that the prosecutrix was subjected to rape. In the complaint which was sent to the police for investigation, police has come to the conclusion that offence under Sections 363 and 354 IPC is made out, but offence under Section 376 IPC is not made out and has proposed charge-sheet against Mubin Khan, Yogesh Parashar and Abdul Gaffar.