Point of Law: Section 319 Cr.P.C. is being quoted as power to proceed against other persons appearing to be guilty of offence.

JUDGMENT :

1. Heard Sri Ravikant Shukla, learned counsel for the revisionists, Sri Manvendra Singh, learned counsel for the opposite party no.2 and learned AGA for the State.

2. By way of present revision, revisionists, who are two in numbers, have challenged the order dated 04.02.2023 passed by the learned Additional Sessions Judge/Special Judge (Rape and POCSO Act), Court No.1, Fatehpur in Special Sessions Trial No.101 of 2019, by which application of first informant (father of victim) under Section 319 Cr.P.C. was allowed and revisionists were summoned under Sections-506 and 376 D IPC read with Section-7/8 of Protection of Children From Sexual Offences, Act 2012 to face the trial.

3. Contention of learned counsel for the revisionists is that for the incident dated 25.02.2019, FIR was lodged on 06.03.2019 by the father of victim under Sections-363, 366 and 506 IPC in Case Crime No.83 of 2019 at Police Station-Bindki, District-Fatehpur, making allegations that co-accused, Pawan Raidas enticed away his 13 year daughter Renu Devi and present revisionists also helped him in the aforesaid crime. During investigation, statement of victim under Section-161 Cr.P.C. and thereafter, under Section-164 Cr.P.C. was recorded but victim did not make any allegations against the present revisionists. On the contrary, she admitted that she had run away with Pawan Kumar willingly for marriage because she likes Pawan. During investigation, medical examination of victim was also conducted in which no opinion about sexual assault was given and CMO by certificate dated 04.04.2019 mentioned the age of victim Renu Devi as 19 year on the basis of radiological examination. Thereafter, police submitted charge-sheet dated 01.06.2019 against the co-accused, Pawan Raidas and involvement of revisionists was found to be false. It is also submitted that during investigation co-accused, Pawan as well as the victim Renu Devi and also the present revisionists had also approached this Hon'ble Court by way of Criminal Misc. Writ Petition No.7322 of 2019 challenging the FIR of Case Crime No.83 of 2019 registered at Police Station-Bindki, District-Fatehpur. In that writ petition, the victim Renu Devi had filed an affidavit stating therein that she willingly run away with Pawan and got married with him. On the basis of aforesaid affidavit of victim Renu Devi, writ petition was disposed of by order dated 15.03.2019 granting interim protection to all the petitioners including the present revisionists from arrest till submission of chargesheet.

4. It is further submitted that all these documents were before the court below during inquiry and on the basis of the evidence available on record, charges were framed against co-accused Pawan Raidas. During trial, PW-1 (victim) had taken u-turn and had stated that the present revisionists along with the co-accused, Pawan forced her to sit in Baleno Car and threatened that she had to get married with Pawan. Thereafter, they kept her at Maharajpur and repeatedly raped her for many days and thereafter co-accused, Pawan forced her to sign on blank paper and then brought her to this Court and thereafter, when the police raided at their house then they left the victim at Bindki, Lalauli Chauraha where the police recovered her. It was further contended that the statement of PW-1 was recorded at the instance of her father who is the first informant because aunty of revisionists, namely, Gudiya Devi had moved an application under Section 156(3) Cr.P.C. on 13.11.2017 which was registered as complaint case no.57 of 2018 in which summoning order was also passed on 19.07.2022 summoning the father of PW-1 (Jai Karan Nishad) and thereafter charges were also framed on 19.07.2022, against the first informant, Jai Karan Nishad for the incident dated 18.09.2017 for outraging her modesty, beating and injuring her as well as her family members.

5. Learned counsel for the revisionists lastly submitted that there is no sufficient material to summon them