- (1.) Heard Shri Amit Mishra, learned counsel for the revisionists and learned Additional Government Advocate and perused the record of the case.
(2.) This criminal revision has been filed against the order dated 19.7.2011 passed by the learned Additional Sessions Judge, Court No. 8, Moradabad whereby the learned Judge has framed the charges against the revisionists under Sections 406/34/35, 376(2)(g) and 366 IPC, police station Hayatnagar, district Moradabad.
(3.) In brief, the facts of the case as set up in the First Information Report lodged by the victim, Bharti Varshney, opposite party No. 2 herein, are that the victim and co-accused Priyanka were friend being classmates. Whenever co-accused Priyanka comes to Moradabad along with her husband, she used to call the victim to her house. On 02.9.2009 Priyanka and her husband Pawan came to their house at Shahji Pura and called the victim. They asked the victim that they shall arrange a good job for her, for which she is to prepare with original marks sheet, certificates, jewellery and cash kept in the house and handed over a mobile bearing No. 9528154814 to the victim and asked the victim that they shall remain in touch at that mobile number. The victim agreed to the offer as her economic condition was not good because of the death of her father due to illness. On 03.9.2009 co-accused Pawan and his wife Priyanka made a call to her from mobile No. 9548830888 and asked the victim to reach the crossing of Chaudhary Sarai after taking away all the cash and jewellery kept in the house where she will meet Murari Lal Gautam and Arun. As the victim was in the dire need of job, she left for the place told to her by Pawan, after taking away her original marks sheets and certificates of High School, Intermediate and B.A, rupees fifty thousand, and certain jewelleries where Murari Lal Gautam and Arun met her and took her to Moradabad where Priyanka and her husband Pawan met her and took her to their quarter. They took the articles of the victim in their custody. In the night Pawan with the assistance of his wife Priyank committed rape on her. They also threatened her of dire consequences in case the matter is reported.;