- (1.) The revisionists have filed this revision for quashing of the order dated 30.08.2013 passed by the Additional Sessions Judge, Court No.15, Lucknow in S.T. No.551 of 2012, State Vs. Avadh Ram Rawat and another, whereby the trial court has passed an order for framing of charge against the revisionists under sections 376/511, 323 504, 354 IPC. The revisionists have also prayed for quashing of the charges framed by the trial court under the aforesaid sections.
(2.) I have heard Sri Arun Sinha, learned counsel for the revisionists, Sri Gaya Prasad, learned counsel for the informant and the learned A.G.A. for the State.
(3.) The quashment of the charge as well as the order dated 30.08.2013 has been sought on the ground that in her statement recorded under section 164 Cr.P.C., the prosecutrix has stated that no sexual intercourse was done and the co-accused Avadh Ram Rawat only inserted his finger into her vagina. The submission on behalf of the revisionists is that if the statement of the prosecutrix under section 164 Cr.P.C. is relied upon, no offence under section 376/511 will be made out against any of the accused persons. It has further been submitted by him that for the offence of attempt to commit rape, there must be an attempt to penetrate the male organ into the private part of the prosecutrix.;