offences under Sections 366, 372 and 120B of the Indian Penal Code, the petitioner, besides two other persons, is named as an accused and there is allegation of kidnapping of the victim girl, who, indisputably, is a minor. During the course of investigation, the victim was recovered and her statement was recorded under Section 164 Cr.P.C. by the learned Magistrate on 24th April, 2012 wherein she has supported the prosecution case of her kidnapping and subsequent commission of rape upon her by the accused persons. In her statement under Section 164 Cr.P.C. vide Annexure-2 she has stated that after her kidnapping she was subjected to unnatural offence and she was ravished by one Manna Tiwary, Dilip Upadhyay and some other unknown persons, though, of course, the petitioner is not specifically named therein. On close of investigation, the police submitted charge-sheet against co-accused Raju Kumar @ Madan Kumar for an offence under Section 366 of the Indian Penal Code, but the petitioner was not sent up for trial.
