This court dismissed an application under s. 482 Cr.P.C. seeking quashing of an order summoning the applicant under s. 319 Cr.P.C. The trial court found a prima facie case of gang rape and the High Court found no illegality in that order.
Application u/s 482 Cr.P.C. dismissed; order summoning applicant under s. 319 Cr.P.C. upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 41338 of 2019
Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi,Anand Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Prakash Dwivedi, learned counsel for the applicant, Sri Ajay Kumar Singh, counsel for the informant and learned AGA.
The present application u/s 482 Cr.P.C. has been filed for quashing the impugned order dated 16.10.2019 passed by Additional Session Judge First/ Special Judge, POCSO Act, Baghpat in S.T. No. 78 of 2018 arising out of Case Crime no. 327 of 2018, u/s 452, 376, 504, 506 IPC and 3/4 POCSO Act (State vs. Amjad @ Bhura) against the applicant.
Learned counsel for the applicant has contended that the applicant's brother was murdered by the husband and children of opposite party no. 2 in which F.I.R. was lodged by father of the applicant and accused are still in jail; the opposite party no. 2 in order to create pressure to be entered into compromise in the aforesaid murder case moved an application u/s 156(3) Cr.P.C. that on 20.5.2018 at about 1.30 pm the applicant and one Amjad @ Bhura entered the house and raped daughter of the informant aged about 15 years. During investigation, charge-sheet was submitted only against Amjad @ Bhura and the applicant was exonerated by the I.O. that he has been falsely implicated in this case on account of enmity. During trial of coaccused Amjad, the applicant has been summoned u/s 319 Cr.P.C. Learned counsel has argued that infact the prosecutrix is not minor and in this behalf supplementary affidavit has been filed today annexing therewith copy of the writ petition in which daughter of opposite party no. 2 and one Nafis approached this Court for civil protection being Writ-C No. 33545 of 2019 and same was disposed of vide order dated 19.10.2019. It is argued that in the said writ petition the prosecutrix has stated that she is major and she has solemnized marriage with Nafis. Learned counsel states that in view of the averments made in the writ petition the prosecutrix appears to be major and merely in order to exert pressure on the applicant to enter into compromise in the murder case of his brother a false case has been fabricated by moving application u/s 156(3)
Cr.P.C.
Learned counsel for opposite party no. 2 and learned AGA have vehemently argued that at this stage whatever stand has been taken by the prosecutrix in the aforesaid writ petition for civil protection the same cannot be taken as evidence at this stage for quashing the order u/s 319 Cr.P.C. the court has merely to look into the statement of the prosecutrix and statement of witnesses recorded during trial of co-accused from which it is argued that the prosecutrix has made allegation against the applicant and co-accused of committing rape upon her, charge-sheet has been laid against the co-accused after collecting the evidence that the prosecutrix is minor girl.
I have perused the impugned order passed by the court below u/s 319 Cr.P.C. which is reasoned order and the trial court has recorded satisfaction that from the evidence on record more than prima facie case of commission of gang rape is made out against the applicant.
I do not find any illegality in the impugned order. The application is, accordingly, dismissed.
Order Date :- 19.11.2019 Dhirendra/
2 issues framed by the court
Whether s. 482 Cr.P.C. application is maintainable to quash the order summoning the applicant under s. 319 Cr.P.C.
Whether the alleged prosecutrix being major would affect the prima facie case of rape required under s. 319 Cr.P.C.
7 provisions across 3 enactments
Sonu
State of U.P.
Amjad @ Bhura
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
