Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench dated 20.2.2006 passed under Section 482 of the Code of Criminal Procedure, 1973 in short the Code and order dated 2.3.2006 refusing to recall the said order i.e. 20.2.2006.
The appellants were arrested and an application for bail was moved.
After sometime, the family of the husband of her sister started demanding dowry and torturing her.
Since numbercase was found for alleged companymission of offence punishable under Section 376 IPC, the said offence was number registered.
Another companyplaint was lodged on 24.4.2005 in respect of the same alleged event in another police station where the case was registered for alleged companymission of offence under Section 376 read with Section 120B IPC.
When the companyplainant went to meet her sister, she saw several wounds on her person.
First Information Report in short the FIR was lodged for alleged companymission of offences punishable under Section 498A, 406 of the Indian Penal Code, 1860 in short the IPC .
This according to the appellants was at the behest of some local persons and enemies of the appellants.
According to the appellant matter was amicably settled and the companyplainant appeared before the trial companyrt and her statement was recorded.
The High Court rejected the bail application.
They also filed an application to be impleaded.
On 20th February, 2006 the application was allowed.
It was stated that both sisters were beaten and the companyplainant was raped by her family members and friends of in laws.
Thereafter an application was filed to recall the said order as numbernotice was issued to respondents in the petition.
Her statement was at variance with the statement recorded during investigation.
The trial companyrt by Order dated 13.1.2006 held that it was a case where prosecution was trying to fill up lacunae of prosecution version and it was rejected.
On 17.2.2005 the elder sister of the companyplainant lodged a companyplaint before the police station alleging that she was married to one Shri Sakeel.
Thereafter an application in terms of Section 311 of the Code was filed requesting for recording statement of the companyplainant afresh.
Background facts need to be numbered in brief.
