Uttarakhand High Court
Lata vs Jasveer & Others on 24 December, 2021
Author: Ravindra Maithani
Bench: Ravindra Maithani
C482 No. 1829 of 2021 Hon'ble Ravindra Maithani, J.
Mr. Nandan Arya, Advocate for the petitioner.
Mr. Pratiroop Pandey, A.G.A. for the State.
Mr. Abhishek Verma, Advocate for the respondent no.2.
Challenge in this petition is made to the order dated 28.10.2021, passed in Misc. Case No. 09 of 2021, Smt. Lata Vs. Jasveer & others, by the Court of Additional District and Sessions Judge/Special Judge, POCSO, Haridwar.
Heard.
In an FIR lodged under Section 5(g)/6 of the Protection of Children From Sexual Offences Act, 2012 (for short, "POCSO Act") and Sections 323, 376DA, 504 and 506 IPC, after investigation, the police submitted the final report. By the impugned order, while rejecting the final report, cognizance has been taken against the petitioner under Sections 323, 376DA, 504 and 506 IPC and Section 5(g)/6 of the POCSO Act.
Learned counsel for the petitioner would submit that it is a false case. The victim herself has told it to the Investigating Officer that such incident of rape did not take place. Reference has been made to the statement of the witnesses recorded during investigation.
Learned counsel for the respondent no.2 would submit that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short, "the Code"), the victim has categorically supported the case. In the impugned order, an observation has been made against the Investigating Officer also, about the manner in which he conducted the investigation.
In her statement under Section 164 of the Code, the victim has levelled allegations of rape against the Papoo, Omveer and Ilam Chand, calling them three boys. According to the FIR, Ilam Chand is father of Pappoo and Omveer. According to the FIR, Ilam Chand did not rape the victim on 30.07.2020. The allegations against Ilam Chand are with regard to the assault which was allegedly made on the victim on 08.08.2020.
This Court refrains to make any further observation.
Having considered, this Court is of the view that this matter definitely requires deliberation.
Counter affidavit be filed within three weeks. A week thereafter, rejoinder affidavit, if any, may be filed.
List thereafter.
Till the next date of listing, operation of the impugned order shall remain in abeyance.
Let a certified copy of this order be provided to learned counsel for the parties, today itself, on payment of usual charges.
(Ravindra Maithani, J.) 24.12.2021 Jitendra