SMT. KAMLADEVI Vs. STATE OF M.P. & ORS.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed seeking a direction to the respondent No.1 to 3 for arresting the respondents No.4 to 7 and filing the charge sheet in Crime No.105/2017 registered at Police Station Dursada, District Datia for offence punishable under Sections 376D and 506 of IPC.

(2.) It is submitted by the counsel for the applicant that the prosecutrix had lodged a report at Police Station Dursada, District Datia on 27/10/2017 on the allegation that on 23/10/2017 at about 05:00 in the morning when she had gone to the field of one Ballan Prajapati to attend the call of nature, at that time with an evil intention the accused persons namely (respondents No.4 to 7) Rajesh Yadav, Rahul Yadav, Lokendra Yadav and Pawan Yadav caught hold the prosecutrix and thereafter, Rahul put his hand on her mouth, Pawan Yadav caught hold her legs, Lokendra Yadav caught hold her hands and thereafter Rajesh committed rape on her. At the time of leaving the spot, all four accused persons threatened her that if she narrates the incident to anyone, she will be killed. Due to gagging of her mouth she could not raise alarm at the time of incident. Thereafter, she came to her house and narrated the entire incident to her husband on telephone because her husband had gone to the house of her sister-in-law (Nanand) at Dangrapua. After return of his husband, she also narrated the incident to her husband, jeth and brother-in-law (Devar). On the basis of aforesaid complaint, the police registered the FIR for offence punishable under Sections 376-D and 506 of IPC but the police has neither arrested the accused nor has concluded the investigation so far.

(3.) So far as the prayer made by the applicant for issuing a direction to the police to arrest the accused persons is concerned, the same cannot be granted.