Cr.MMO No.116 of 2010 21.7.2010. Present: Mr. Liaquat Ali, Advocate for the petitioners. Ms. Ruma kaushik, Addl. Advocate General for the respondent-State. The learned counsel for the petitioner contends that the learned trial court was wrong in not considering the statement of the prosecutrix under Section 164 of the Code of Criminal Procedure in which she has categorically denied any involvement of the petitioners in the case. She has stated in no unclear terms that none of the petitioners herein ever assaulted her, attempted or actually raped her. In these circumstances, learned counsel submits that the continuation of the proceedings would be nothing but an abuse of the process of law and that the petitioners are suffering the ordeal of a trial which they would not otherwise face more especially when the prosecutrix herself exonerates them of any wrong doing. Without entering into this aspect of the case, this petition is disposed of. The learned trial Court shall of course, consider the evidence of the prosecution and the statement of the prosecutrix under Section 164 of the Code of Criminal Procedure in accordance with law. This court has been informed that the case of the prosecution is fixed for evidence on 9th August, 2010. It is but expected that the prosecutrix will be examined as the first witness of the prosecution. I need not add as to what the consequence would be in case she states and it is established by evidence in Court that the petitioners are not involved. The petition is disposed of at this stage. Liberty is reserved to the petitioners to approach this Court again in accordance with law. All the miscellaneous applications are also disposed of. (Dev Darshan Sud),J. July 21, 2010(R)