Naheed Ara Moonis, J. - (1.) HEARD learned counsel for the applicant, the learned AGA for the State and perused the record. The instant application has been filed by the applicant with a prayer to quash the charge sheet dated 8.12.2013 arising out of case crime No. 361 of 2013 whereby the court below has taken cognizance under Sections 376D and 120B IPC in Case No. 1717 of 2013.
(2.) IT is submitted by the learned counsel for the applicant that the opposite party No. 2 has lodged a first information report on 8.8.2013 in respect of the alleged incident dated 27.7.2013 that the applicant and other accused persons had committed rape upon her. Merely because the applicant is the relative of the co -accused persons, he has been falsely implicated in the instant case. The statement recorded under Section 164 Cr.P.C. after one month from the date of the recovery, which is inconsistent with the prosecution case. The Investigating Officer has submitted the charge sheet against the applicant in a perfunctory manner, which is nothing but an abuse of the process of law and on the basis of which the court below has also taken cognizance in a casual manner on 12.12.2013, as no prima facie offence is made out against the applicant. Per contra, the learned AGA has contended that the applicant is named in the first information report and the prosecution has also shown his complicity in the statement recorded under Section 164 Cr.P.C. There is no inconsistency in the statement. The opposite party No. 2 has been ravished by several persons. The cognizance has rightly been taken by the concerned Magistrate and it cannot be said that no offence is made out against the applicant. The applicant has ample opportunity to raise his objection at the appropriate stage.
(3.) FROM the perusal of the materials on record and looking into the facts and after considering the arguments made at the bar, it does not appear that no offence has been made out against the applicant.;