DINESH KUMAR SINGH,J. - (1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners who are the real brothers aggrieved by the order dated 10.08.2011 passed by the learned Additional Sessions Judge, Court No.8, Pratapgarh in Sessions Trial No.21 of 2011 summoning the petitioners as additional accused for offence under Section 376 IPC. An FIR at Case Crime No.516 of 2009 under Section 363/366 IPC came to be registered against five accused on a complaint of the mother of the prosecutrix alleging that in the morning of 29.10.2009, the prosecutrix aged about 16 years was enticed away by the accused named in the FIR. It was also alleged that the prosecutrix was given bait of securing her employment. The incident is dated 29.10.2009, however, the FIR came to be registered on 25.12.2009. The prosecutrix remained with accused, Lal Bahadur in Ludhiyana, Punjab. The prosecutrix travelled by public transport more than 600 kms but she did not raise any alarm or complained to anyone regarding any misdeed against her by any accused.
(2.) It is important to mention here that the petitioners who are real brothers and one of them Harendra Kumar Jaiswal was 80% handicapped, were not named in the FIR. The prosecutrix thereafter, came back from Ludhiyana and she was examined medically. In her medical examination, a fetus of 9 weeks was found.
(3.) Statement of the prosecutrix under Section 161 Cr.P.C. was recorded on 03.03.2010. She did not name the two petitioners involved in any manner in the commission of the alleged offence. Allegation was that she went with Lal Bahadur @ Vinod on the pretext of getting employment and from Pratapgarh, she went to Delhi and from Delhi to Ludhiyana.;