Challenge in this revision by mother Chitali Ghosh(A2) and her son Shivalik Ghosh(A1), is to their summoning dated 24.1.2011 in criminal case no. 771 of 2011,State Vs Shivalik Ghosh and another, relating to crime no. 32 of 2010, for offences under Sections 323, 328, 376 I.P.C., P.S. Mahila Thana, Sector 32, NOIDA, District G.B. Nagar by A.C.J.M.-I, G.B. Nagar.
A glimpse of background facts, as are perceptible from the affidavit of Shivalik Ghosh filed in support of this revision, counter affidavit and rejoinder affidavits are that on 3.12.2010 at 12.45 p.m., victim-informant $#### @@@@ (R2) lodged an FIR at P.S. Mahila Thana NOIDA, G.B. Nagar as crime no. 32 of 2010 U/Ss 323, 328, 376 I.P.C. vide annexure no. 1 to the affidavit alleging therein that informant is a resident of H-137, Sector 32, NOIDA and was employed in a Software Company. In the month of August, 2010 while surfing on internet on Jeewan Sathi.Com she developed acquaintance with A1revisionist Shivalik Ghosh, resident of Maipal Krishna Apartment, I-1305, Shushant Lok, C-Block, Gurgaon, who was working with Hero Honda Private Ltd., Dharo Heda, Jaipur Road. On the faithful date 18.8.2010, A1 picked up R-2 from her company and carried her to Gurgaon where, he dissolved some intoxication in her cold drink and when R2 lost her senses that A1 outraged her modesty by raping her. After regaining consciousness, R2 resisted s*xual assault on her but was pacified on a false deceitful assurance of solemnizing marriage with her. Taking advantage of the situation A1 started often visiting victim's abode and indulge in carnal intercourse both at NOIDA and Gurgaon and he continued to assure R2 regarding false promise of solemnizing marriage. Having some apprehension R2 demanded telephone number of A2 which was given to her by A1 after repeated insistence. Mother of R2 also conversed with A2 who did not object to tying up nuptial knot between A1 and R2 but postponed it for two years. When victim R2 telephoned A2 then also no objection was shown to the tying of knots by A2 and therefore, R2 being assured of marriage continued to succumb to the lustrous overtures of A1 and physical s*xual contact between A1 and R2 continued. Cheating and deceiving R2 revisionist A1 even took loan of Rs. 50,000/- from her which was not paid back till the date of lodging of FIR by R2.In telephonic conversation between R2 and A2, on 1.9.2010, she was informed that Rs. 15 lacs loan is due on A1 and marriage between them shall be solemnized only after the said money is paid by the victim. When informed about physical relationship A2 replied that in between opposite s*xes it not very unethical and is a normal conduct. On 13.9.2010,A1 consented to tie knots with R 2 in the presence of one Deepak but informed R 2 that details shall be finalized on arrival of A2 following day. R2 accompanied A1 to the airport to receive A2 but there, she was assaulted. A2 separated A1 from R2 who also refused to marry R2. Since R2 was deceived and cheated and her most precious honour was robbed off by A1 in conspiracy and connivance with A2 that victim R2 was left with no other option and hence she approached the police and lodged her FIR annexure 1 at PS Mahila Thana, Sector 32 NOIDA, district G.B. Nagar.
After registration of the crime investigation ensued and I.O. recorded statements of the victim and her mother,filed cumulatively as annexure no.4 and finally concluding investigation charge sheeted revisionist on 11.1.11, for offences U/Ss 323,328,376 IPC vide annexure no. 7.
