Mahavir Singh - (1.) THIS revision has been filed by the prosecutrix against the dismissal of petition under section 319 CrPC filed by the State of U. P. during the course of the trial in S. T. No. 282 of 1979 against one accused Ujjwal Prakash under sections 366/376 UPC for impleading some persons who were said to have committed certain offences in the course of the same transaction.
(2.) THE relevant facts are that the prosecutrix was a 4th year midwifery student in Queen Mary's Hospital of the Medical College, Lucknow. She lived in the nursing hospital on 28-6-79 at about 7.30 P. M. She was said to have been abducted by accused Ujjwal Prakash while she was going out of hostel to join her duty and then taken to a lonely spot and raped by him and two other students who had joined him in the way. After investigation the police submitted a charge sheet against accused Ujjwal Prakash alone for offences under sections 366/376 IPC and the case was committed to Sessions. THE trial proceeded in the court of IInd Additional Sessions Judge in S. T. No. 282 of 1979. After the statements of the prosecutrix and the lady doctor who had examined her, this application was moved praying that Dr. K P. Bhargava, Principal Medical College, C. P. Joshi, P. R O. Smt. R. L. Majoomdar, Matron, Medical College, Lucknow and Srimati Sharma, Sister, Medical College, Lucknow be tried along with accused Ujjwal Prakash for various offences in the course of same transaction. Dr. Bhargava was said to have committed offence under section 201/203 IPC, P. R. O. Sri Joshi under section 201/202/342 IPC, Smt. Sharma under section 201/202/342 IPC. The learned Additional Sessions Judge after an elaborate judgment held that the allegations made by the prosecutrix in her statement did not make out any case for joining them in the case. He found that at the most the allegations could be against the matron Majoomdar and these allegations also were not such as formed part of the same transaction. They were entirely independent of the offence against accused Ujjwal Prakash. Hence he rejected the application. Against this order this revision was filed. The State, however, has not joined her. Here also the case has been pressed only against Smt. Majoomdar. A notice was also issued to her to show cause why revision be not allowed. She did not appear but filed a written statement denying the various allegations and giving entirely a different version.
(3.) AT this stage courts generally should not decide the matter on merits of the allegations. They have only to see whether the accusations made are such that it would appear that offences alleged have been committed. The allegations made by the prosecutrix Kumari Ranjana in her statement in the Sessions Court made out the following facts against Srimati Majoomdar :- 1. When she came out of the hostel at about 7.15 p. m. for purchase of curd, Smt. Majoomdar, met her at the hostel gate and asked her as to why she had not gone to attend the duty till then. She, therefore, directed her to go early. At that time, accused Ujjwal Prakash was also present at the gate with his scooter, but he had not taken part in the conversation between the metron and the prosecutrix at that time. 2. When the prosecutrix proceeded for duty, the accused Ujjwal Prakash told her that he had been asked by Matron Majoomdar to take her on his scooter for duty. When she refused, he told her that if she did not the matron would reprimand him and then he forcibly seated her on the back of his scooter. 3. After the offence of rape was committed and the accused and his companions ran away, the prosecutrix raised an alarm. She was brought to the office of Sri C. P. Joshi P. R. O. and there matron Majoomdar also came. They took her on an ambulance for medical examination in Queen Mary's hospital but it was not done as it was a Medico Legal case for which her examination was to be done in the Balrampur hospital. She was, however, not sent to the 'hospital and instead brought back in the hostel and kept in a room of sister Pushpa and the room was locked from outside at the instance of matron. 4. Smt. Majoomdar also got her clothes removed by saying that they would be handed over to the police but it has not been done so far. 5. Next day she came to her room and thereafter at about 11 A. M. she was taken by the Chowkidar on the first floor on the direction of Smt. Majoomdar, she was also there. There a report was dictated on her behalf by matron Majoomdar she was told not to include the name of accused Ujjwal Prakash. 6. Next day she was sent to Dufferin Hospital for examination and the report of her examination was forwarded to the police by the Principal, Medical College and then the case was investigated. ;