During investigation, statement under Section 161 of Cr.P.C. of the victim was recorded in which she had alleged that she was 17 years of age at the time of incident and was studying in ‘X’ School. It was further stated by the victim that both of her parents were working i.e. her father was posted in Lucknow, Uttar Pradesh and her mother was posted in Noida, Uttar Pradesh. It was also stated by the victim that she lived with her elder brother and that her mother used to leave for office at 6.30 AM in the morning and used to come back by 5-6 PM. It was also alleged that victim’s friend ‘Y’, who lived next to her house had a boyfriend i.e. the present applicant Rishabh Dwar, who the victim also knew for a couple of months. It was alleged by the victim that the present applicant had called her on 19.07.2022 at about 12.30 AM and had told her that he wants to surprise her best friend ‘Y’ and thus had requested the victim to meet him outside her home. Thereafter, the present applicant had reached victim’s house at around 7:00 AM on 19.07.2022 when she was alone at her house as her mother had left for work and her elder sibling had gone to her hometown for a couple of days. It was further alleged by the victim that the applicant had forcibly developed physical relationship with her against her consent. She also informed the police that she had kept on resisting, however, the applicant had got aggressive. Thereafter, when the victim’s friend ‘Y’ had arrived, both the applicant and her friend ‘Y ’ had left her house. It was further stated by the victim that since she was scared, she did not tell her parents about the incident on that very day. However, the victim had informed her parents about the incident on 23.07.2023. Thereafter, the victim was medically examined wherein she had given history of forced sexual assaults against her consent. During investigation, her statement under Section 164 of Cr.P.C.
