- (1.) By means of this application, applicants have prayed for quashing of the proceedings arising out of charge-sheet (No. 119 A of 2010) dated 6.6.2010 submitted in Case Crime No. 8 of 2010, under Sections 366 and 376 IPC, P.S. Bilsi, District Budaun. Applicants are facing trial in S.T. No. 308 of 2012, under Sections 363, 366 and 376 IPC, arising out of case Crime No. 8 of 2010, P.S. Bilsi, District Budaun. Allegations against the applicants are that on 3.1.2010 around 8.30 p.m. the prosecutrix was contacted by them on mobile. It is further averred that the applicants were harassing her which fact was revealed by her to her brother Mr. Bhoorey. On the basis of the telephonic call made from the mobile the applicants are said to have informed the prosecutrix that his brother has suffered accident. On hearing this, she rushed towards home and while running towards home she was abducted by the applicants and was given some sedative due to which she became unconscious and on becoming conscious she found herself in a room. Both the applicants kept her confined and committed rape on her. It is also averred that applicant P.C. Sharma who resides in Budaun also committed rape on her. She was let off by the applicants near a forest in Budaun. Thereafter she contacted her brother on phone. This, in nut-shell, is the statement of the prosecutrix.
(2.) It is also important to note that the prosecutrix was examined by the doctor. Statement of girl was also recorded under Section 164 Cr.P.C. In her statement recorded under Section 164 Cr.P.C. she has admitted that rape was committed against her will. On specific question being put to her as to whether she understands the meaning of rape she replied in affirmative. Doctor's statement is also on the file. Doctor has in his statement stated that there were no spermatozoa found. No definite opinion can be given about rape.
(3.) Applicants have come up before this Court for quashing of the proceedings on the ground that no offence is made out against the applicants. In order to substantiate his plea learned counsel for the applicants has stated that present case has been filed on account of previous enmity with the complainant party who happens to be closely associated with one Tejender Sagar, Neeraj Sharma @ Meenu. Case set out by the complainant is that an FIR vide Case Crime No 378 of 2008 (complaint Case No... 755 of 2010), under Sections 363, 376(G) and 506 IPC was registered against one Neeraj Sharma @ Meenu. Victim was sister of the present applicants. In the said case, process was issued by the Magistrate on 18.8.2009. Neeraj Sharma @ Meenu, Tejendra Sagar, and one member of legislative assembly namely Yogendra Sagar were summoned. Their bail application was considered by this Court in Criminal Misc. Application No. 30150 of 2010. This Court had observed that the applicant in the said bail application has filed various cases against the present applicants only to harass them in order to enter into some compromise. It is also noted by this Court that the power has been exercised by the present applicant to falsely implicate the innocent family of the proseutrix, who was sister of the present applicants. Approximately 20 cases have been filed by the accused persons against the present applicants.;