Court No. - 68
Case :- CRIMINAL REVISION No. - 1731 of 2019 Revisionist :- Smt. Nishad Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Chandra Prakash Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the revisionist and learned A.G.A., for the State of U.P.
This criminal revision has been filed against the order dated 25.2.2019 passed by Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Banda in Complaint Case No. 585/9/19 (Smt. Nishad Vs. Rakesh Nishad), Police Station Marka, District Banda whereby complaints of the applicants was dismissed under Section 203 Cr.P.C.
As per prosecution version, on 25.12.2017 at about 10:00 PM, prosecutrix went from her house for natural call. Opposite party No. 2/accused (Rakesh Nishad) caught the prosecutrix and took her inside the house and committed rape on her. Accused also threatened her to face dire consequences, if she informs anyone about the occurrence. Prosecutrix stated to her family members but when her husband came from out of station, she went to the police.
Magistrate observed that in the complaint and in her statement under Section 200 Cr.P.C., prosecutrix has specifically stated that no one had seen the occurrence. She had stated about the occurrence to her family members. However, statement of mother, father and sister-in-law were recorded under Section 202 Cr.P.C., in which, they stated that they went on the spot and seen the occurrence. On the basis of contradiction in the statements of the prosecution witnesses and the prosecutrix, and not lodging first information report of the occurrence immediately, learned Magistrate has passed the impugned order.
Accordingly, I find, no infirmity in the impugned order passed by the learned Magistrate.
In result, this criminal revision stands dismissed. Order Date :- 29.4.2019 Jaswant