Allahabad High Court
Komal Singh vs State Of U.P.And Another on 4 October, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190560
Court No. - 89
Case :- APPLICATION U/S 482 No. - 31473 of 2023
Applicant :- Komal Singh
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Akhilesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding along with the summoning order dated 08.05.2023, under Section 376 D IPC & Section 3/4 of POCSO Act passed by the Additional District & Sessions Judge/ Special Judge, POCSO Act, II, Amroha in Application bearing No. 22-B, under Section 319 Cr.P.C., filed in S.T. No.05/2017 (State vs. Pramod) pending in the court of Additional District & Sessions Judge/ Special Judge (POCSO Act), Court No. 2, Amroha against Case Crime No. 131 of 2016, under Section 376 IPC & Section 3/4 of POCSO Act, P.S. Rajabpur, District- Amroha.
3. Counsel for the applicant submits that applicant was not named in the first information report but during investigation, his named was surfaced in the matter and Investigating Officer did not submit charge-sheet against him. Thereafter, after testimony of P.W.1 and P.W.4, applicant has been summoned in the matter under aforesaid sections. He next submits that summoning of the applicant by trial court is without application of mind and abuse of process of law as while summoning the applicant, trial court has not considered the medical and F.S.L. reports, where there is no indication of rape. He next submits that doctor, in his testimony, has stated that no opinion can be given about rape and F.S.L. report also indicates that no dead or alive sperm was found. He next submits that summoning by the trial court is based on irrelevant consideration of testimony/statements of P.W.1 (father of the victim) and P.W.4 (victim) and summoning under Section 319 Cr.P.C. is illegal and liable to be set-aside. In support of his arguments, counsel for the applicant has also placed reliance on paragraph nos. 26 and 28 of the judgment of this Court in the case of Ramswroop and Another vs. State of U.P. and Another passed in Application U/S 482 No. 15367 of 2022.
4. Per contra, learned AGA vehemently opposed the submissions made by counsel for the applicant and submitted that statement of victim was recorded under Section 164 Cr.P.C., in which, she stated that applicant along with other co-accused committed rape and thereafter, P.W.1 (father of the victim) and P.W.4 (victim) in their testimony have clearly stated that at gun point, applicant and co-accused committed rape. The statement recorded before the Magistrate under Section 164 Cr.P.C. has been corroborated by the testimony of P.W.1 (father of the victim) and P.W.4 (victim). After considering the testimony of P.W.1 and P.W.4 and statement of victim recorded under Section 164 Cr.P.C., trial court has rightly summoned the applicant and allowed the prosecution application filed under Section 319 Cr.P.C.
5. Considered the submissions made by counsel for the parties and perused the entire record, the trial court by order dated 08.05.2023 has summoned the applicant, and as on, prima facie, testimony of P.W.1 and P.W.4, applicant involvement was found in the present case. Learned trial court while summoning the applicant has observed that testimony of P.W.1 and P.W.4 categorically support the statement of victim recorded under Section 164 Cr.P.C. On perusal of statement of victim recorded under Section 164 Cr.P.C. and testimony of P.W.1 and P.W.4, the involvement of applicant in the present case cannot be denied. The summoning of the applicant in the present case on the testimony of P.W.1 and P.W.4 is just and proper. As such, no interference is warranted by this Court.
6. Accordingly, the instant Application U/S 482 Cr.P.S. stands dismissed.
Order Date :- 4.10.2023
Aditya
