- (1.) This application under Section 482, Cr.P.C. has been moved for setting aside the orders dated 5.9.07 passed by the Additional Chief Judicial Magistrate, Saharanpur in case No. 293/06, under Sections 376, 452, 506, 323, 354, IPC and 24.4.08 passed by the Additional District Judge, Saharanpur in criminal revision No. 326/07 whereby the complaint filed by the applicant was dismissed.
(2.) It appears from the record that an FIR registered at crime No. 187/99, under Section 376, 452, 506, 323, IPC was lodged by the applicant at P.S. Nakud, District Saharanpur on 1.11.99 for the occurrence dated 30.10.99. This FIR was investigated and final report was submitted by the police. Against this final report protest petition was filed by the applicant. The trial Magistrate vide order dated 14.5.07 rejected the protest petition and accepted the final report. Thereafter, the applicant filed a complaint. It was alleged by her in that complaint that on 30.10.99 at about 4.00 p.m. she and her husband had gone to the fields and their young daughter Pooja @ Bhagyawati aged about 15 years was all alone at the house. Accused Vikram and Raju came into the house and after closing the main door they committed rape with the girl on knife point. When the girl objected, she was beaten. On her cries Dinesh, Jaswant, Ravindra and others reached there who tried to apprehend the accused persons but they managed to run away. When the complainant and her husband came back from the fields, they were told about the occurrence by the victim. Then, the applicant lodged the report, however, she could not get justice.
(3.) In support of the complaint the applicant examined herself, victim Pooja, witnesses Ravindra and Jaswant. The applicant also filed the medical examination report of the girl. The trial Magistrate considered the evidence and finding some variation in the statements of the witnesses dismissed the complaint vide order dated 5.9.07. Against this order revision was filed and that revision was also dismissed.;