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2017 Supreme(SC) 1067

RANJAN GOGOI, NAVIN SINHA
Karan Singh Tyagi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Aravindh, Vishnu Sharma, Sonika Tyagi, Lakhan Sharma
For the Respondents: Vivek Narayan Sharma, Ajay Singh, Sidharth Mahajan, Rajeev Kr. Jha, A. Sharma, Nikita Singh

JUDGMENT :

Leave granted.

2. We have heard the learned counsels for the parties.

3. On the basis of a complaint dated 19th December, 2014, an FIR No.199 of 2015 dated 9th February, 2015 was registered by P.S. Sahibabad against the accused appellant and others under Sections 494, 495 and 496 of the Indian Penal Code, 1860 ("IPC" for short). Subsequently, offences under Section 420, 520, 493 of the IPC and under Section 67A of the Information Technology Act, 2000 were also added. On completion of the investigation, charge-sheet dated 19th November, 2015 was filed finding prima facie case against the accused under the aforesaid provisions of the IPC. Thereafter, it appears that supplementary charge-sheet dated 22nd April, 2016 was filed under Section 376 of the IPC against the accused appellant. The appellant moved the High Court for quashing the supplementary charge-sheet dated 22nd April, 2016 which prayer having been refused this appeal has been filed.

4. Having considered the matter we are of the view that there is inherent improbability in the version of the respondent - complainant insofar as the offence under Section 376 IPC is concerned. This is because, according to the complaina


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