Nisha Gupta, J. - (1.) - This revision petition has been filed against the order dated 3.5.2012 passed by the learned Additional Sessions Judge, Bandikui District Dausa whereby the cognizance has been taken against the present petitioner under Section 319 Criminal Procedure Code
(2.) The contention of the present petitioners is that application under Section 319 Criminal Procedure Code has been filed with ulterior motive to prolong the trial of the case so that the accused persons who are in jail remain there for longer period. There are significant contradictions in the statement of the prosecutrix. The prosecutrix has improved her version regarding rape by Rameshwar Lal and Ramphool. Other eye-witnesses have not been examined before the trial Court and hence the application is also premature and the cognizance order should be quashed.
(3.) Per contra, the counsel for the complainant and the learned Public Prosecutor have submitted that the prosecutrix in her statement under Section 164 Criminal Procedure Code and in her Court's statements has specifically stated against the present petitioners that Dinesh, Bhola and Hajari and others have abducted her and all the three with other accused persons have raped her. At the same time, specific allegations have been alleged against Mohan Singh, Muni Raj and Vikram regarding rape with prosecutrix at Mandawar. The statement under Section 164 Criminal Procedure Code has been further fortified by her statement given in Court and looking to the statement of the prosecutrix, the cognizance has rightly been taken against the present petitioners.;