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2026 Supreme(SC) 104

ARAVIND KUMAR, PRASANNA B. VARALE
Beri Manoj – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Thoppani Sanjeev Rao, Adv. Eksha Sehgal, Adv. Nishesh Sharma, AOR
For the Respondent(s): Ms. Prerna Singh, Adv. Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv. Mr. Animesh Upadhyay, Adv. Mr. S. Sathvik Reddy, Adv. Ms. Monika Bhardwaj, Adv. Mr. Kabir Singh, Adv. Mr. Prashant Rawat, AOR

ORDER

1. Heard.

2. Leave granted.

3. An FIR bearing No. 389/2022 came to be registered against three persons, namely, Shanthakumar, Devamma and Uday and on completion of investigation, the chargesheet came to be filed against five persons wherein the present appellant has been arraigned as an accused No.5 for the offence punishable under Sections 328, 376, 506 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012. The chargesheet material would disclose that the main charge against the appellant is for criminal intimidation under Section 506 of the IPC which was based on a statement recorded under Section 164 of the Criminal Procedure Code, 1973 (“CrPC”) after eight days of the alleged incident.

4. It is the case of the prosecution that the prosecutrix in her statement recorded under Section 164 of the CrPC had alleged that the uncle of accused No.1 (the appellant herein) alongwith two aunts of accused No.1 threatened and forced her to falsely support the main accused, i.e., accused No.1 in the sexual assault case. Hence, contending that victim had developed her statement and there was no act perpetrated by the appell

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