Rohit v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 CrPC challenged an impugned order. Applicant alleged false implication and lack of evidence. Court noted victim's testimony of sexual assault found no ground for discretion. Application rejected. Stay of N.B.W. pending in another section.
What the court decided
A compact analysis
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 3734 of 2019
Applicant :- Rohit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the instant application the applicant is assailing the validity and veracity of the order dated 05.01.2019 passed by Additional Sessions Judge, Ist Fast Tract Court, Bulandshahr in S.T. No. 255/2017, arising out of case crime no. 101/2017, u/s 363, 366 IPC, P.S. Narsaina, District Bulandshahr pending in the court of Fact Tract Court Ist, Bulandshahr.
It is contended by the learned counsel for the applicant that the applicant is innocent. He has been falsely implicated in the present case. It is further contended that the FIR was lodged by the mother of the victim with the allegation that on 01.05.2017 the accused applicant has enticed away her minor daughter (16 yeas). Eventually the girl was recovered on 15.05.2017 and thereafter, she was put for recoding her statement u/s 164 Cr.P.C. It is further contended that there is no evidence with regard to the exertion of pressure upon the victim to give her statement under pressure.It is further submitted that the medical report do not support the prosecution case.
I have gone through the testimony of victim in which she has candidly alleged that she was subject to sexual assault by the applicant against her wish and desire, I do no find any good reason to exercise my discretion in favour of the applicant.
Issues for consideration
2 issues framed by the court
Whether the High Court should exercise its discretion under Section 482 CrPC to quash proceedings or stay the N.B.W. against the applicant.
Whether the victim's testimony supports the prosecution's case of sexual assault.
Parties & counsel
- applicant
Rohit
- respondent
State Of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- A482/3734/2019
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