Mrs. Anita Chaudhry, J.: - This revision has been directed against the order dated 27.08.2014, vide which the application filed under Section 319 Cr.P.C. was dismissed.

2. Petitioner Gurjant Singh had lodged a complaint, on the basis of which the FIR was recorded. The daughter of the complainant was missing since 28.01.2014. She was recovered on 30.01.2014 and her statement under Section 161 Cr.P.C. was recorded by the police and subsequently she was produced before the Magistrate for her statement under Section 164 Cr.P.C.

3. In the statement made to the Medical Officer, the prosecutrix had named Harpreet Singh and had made allegations of abduction and rape by him. No other name was given.

4. The police investigated the case and filed the challan only against Harpreet Singh. The names of Jagwinder and Gurjeet Singh @ Gagi were placed in column no.2.

5. After the prosecutrix had stepped into the witness box and had named the additional accused, an application under Section 319 Cr.P.C. was moved. The prosecutrix wanted to summon Jagwinder and Gurjeet Singh @ Gagi.

6. The trial Court made the following observation:-

“6. Now coming to the facts of the instant case, in this case, after the recovery of the prosecutrix from Jalandhar, her statements under Sections 161 CrPC and 164 CrPC were recorded. As per the prosecutrix’s version, Jagminder Singh helped Harpreet in her kidnapping and also tied her with rope. Moreover, she has also implicated mason Gogi @ Gurjeet in helping Harpreet and Jagminder in tying her with a cot. Gogi @ Gurjeet also facilitated Harpreet to bring her to village Jhanir in District Mansa. The prosecutrix when appeared in the witness box has implicated the accused Harpreet and Jagminder in forcibly taking her on motorcycle to the house of Harpreet. In the house, a mason was finishing stone floor. She was put on a cot and tied with a rope by both the person. Harpreet committed rape with her. After that mason and Harpreet brought her to village Jhanir in Punjab. The name of mason is Gogi @ Gurjeet. However during the investigation, it was found that one of the person named by prosecutrix involved in the kidnapping was Jagminder son of Avtar Singh who is a student of 8th standard and his involvement in the commission of offence was not found whereas another proposed person Gogi @ Gurjeet who helped the main accused Harpreet @ Mandeep to bring the prosecutrix in village Jhanir in District Mansa is a mason and he used to leave the under constructed house in the evening.

7. In this case, a perusal of statement of prosecutirx on oath reveals that she was tied with a rope by two person but she has not disclosed the name of those two persons. The prosecutrix in her cross-examination has stated that Jagminder son of Avtar Singh is a student of 8th standard and might be 14-15 years old. She has further disclosed that it is Jagminder who used to ask her to be friend with her. The prosecutrix has not implicated Jagminder and Gogi @ Gurjeet in the commission of having intercourse with her. When her statement under Section 164 CrPC was recorded she did not state that she was tied with a rope by the accused Harpreet with the help of Jagminder and mason Gogi. No injury has been shown on her person received by her while being tied in her medico legal report placed on record.

8. A perusal of medico legal report of prosecutrix placed on record reveals that she has revealed the history of sexual assault as under:-

“As told by her a boy named Harpreet Singh R/o VPO Pilchhian forcibly abducted her on 28.01.2014 at about 09:00 PM. He came to her house on motorcycle he tied her mouth with and her hands with a rope. He forcibly done intercourse with her on that night after that he gave some toxicant and then she was not in her sense. On 29.01.2014 she found her in Jalandhar city and then she went to Jalandhar Police Station. As told by her he slapped her”

7. The application was dismissed on 27.08.2014. It had been disclosed dur