Rahul Chaturvedi - (1.) Heard Sri VM Zaidi, learned senior Advocate assisted by Sri MJ Akhtar for the revisionist, Sri Adesh Kumar, learned counsel for private opposite party, learned AGA and perused the record.
(2.) By means of the instant revisionist, the revisionist has targeted judgement and order dated 08.03.2019 passed by the II-Additional Session Judge/Special Judge (SC/ST Act), Meerut in S.T. No. 21 of 2018 (State v. Sonu and others), arising out of Crime No. 206 of 2018, under section 319 Cr.P.C. whereby the applicant Puneet Gupta s/o Harikishan Gupta and along with one Bharat Bhushan s/o Kailash Chand were summoned under sections 376-D IPC and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Ganganagar, District Meerut.
(3.) Perusal of the record reveals that the genesis of the case ignites from the FIR lodged by none other but the victim herself, belonging to a depressed caste (Harijan) and Intermediate pass girl, aged about 18 years was in search of employment and later on she got employment in a big and well reputed business establishment known as M/s RT Motors/Jai Shree Marking, situated near Hapur Adda, Meerut on 05.07.2018, which was having business of sale and purchase of cars but on the very next date of her new appointment, one of her top hierarchies, claimed as "Boss", named Bharat Bhushan dropped her home by his car with the assurance that on the next date he will pick up from her residence. On 07.07.2018, the fateful day, around 12.00 to 1.30 hours, instead of taking her to the establishment, the accused Bharat Bhushan took her to a deserted place and there he ravished her modesty, thereafter, he invited his close friends namely; Punit Gupta (applicant) and Sonu Nayak, who also committed rape upon her one by one and Sonu Nayak made video clips of her with the threats that they will continue to do the same, otherwise aforesaid video would be made viral, if she informs anyone about it. FIR, dated 07.07.2018 at 21.30 hours was registered as Case Crime No. 206 of 2018, under the aforesaid offence at P.S. Ganganagar, District Meerut for the incident occurred on the same day at 14.00 hours. After lodging the aforesaid FIR, investigation of the case started rolling and on 07.07.2018 at about 11.10 P.M. she was produced for medico-legal examination before Dr. Shikha Tripathi, Medical Officer, CHC Jani Khurd (Panchli Khurd), Meerut wherein she stated before the aforesaid doctor, which is hereby extracted from the record:;