JUDGEMENT
Vijay Lakshmi, J. -
(1.) Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.
(2.) The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceedings of the case pursuant to Final Report No. 137 of 2016, under Sections 452, 376-D, 323, 504 and 506 I.P.C., Police Station Lalauli, district Fatehpur as well as the summoning order dated 29.7.2017 passed on the aforesaid Final Report.
(3.) The facts in brief are that an application under Section 156(3) Cr.P.C. was filed before the court of Judicial Magistrate, Fatehpur alleging therein that on 13.5.2016 at 11.00 A.M., when the prosecutrix was cooking food in her house, all the four accused persons, armed with country made pistols, entered into her house. The children of the prosecutrix had gone to school at that time and she was all alone. The accused persons caught hold of the prosecutrix and committed gang rape with her. The prosecutrix became semi-unconscious due to use of force by the accused persons and asked for the water on which the accused persons urinated in her mouth and left the place threatening her to kill. When the husband of the prosecutrix returned to his house and came to know about the entire episode, he went to the house of the accused persons to complain, on which the accused persons started beating him with kicks and fists using abusive language against him and his wife. The prosecutrix tried to lodge the report but when the report was not lodged by the concerned police, she moved an application under Section 156 (3) Cr.P.C. on which the learned Magistrate directed the police to register the case and to investigate the matter.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.