Ram Darash Yadav @ Ram Darash Vidhyarthi Vs State of U.P. and Another

Court No. - 67

Case :- CRIMINAL REVISION No. - 1377 of 2022

Revisionist :- Ram Darash Yadav @ Ram Darash Vidhyarthi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Balbir Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the revisionist as well as learned A.G.A.

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This revision is being preferred by the revisionist against the order dated 19.11.2021 passed by Additional Sessions Judge/Special Judge(POCSO Act) Gorakhpur in S.T. No.598 of 2020 arising out of case crime no.1056 of 2019 whereby the application of the revisionist was rejected.

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I have perused the 164 Cr.P.C. statement recorded by the victim on 06.01.2020 (annexure-4) to the petition in which the victim has categorically stated that Ram Darash Yadav, Ramanand and Ram Manoj have serially committed heinous rape upon her. However, in the second 164 Cr.P.C. statement recorded on 30.05.2020, she has wriggled out from her earlier statement and certified the credentials of the revisionist. There is no test identification parade which was ever conducted and on some photographs, she has made such statements.

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The law of discharge is very much clear that even charges could be framed if there is case of strong suspicion against the named accused person.

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Under these circumstances the discharge application is moved whereby the victim has faced a wrath of gang rape upon her, I am not inclined to exercise my power under section 397/401 Cr.P.C. and consequently, the present criminal revision stands dismissed.

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Order Date :- 18.4.2022 Sumit S

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Digitally signed by SUMIT SRIVASTAVA Date: 2022.04.20 12:55:38 IST Reason: Location: High Court of Judicature at Allahabad

Ram Darash Yadav @ Ram Darash Vidhyarthi v. State of U.P. and Another

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Ram Darash Yadav @ Ram Darash Vidhyarthi v. State of U.P. and Another

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