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2014 Supreme(All) 1449

V.K.SHUKLA, SHASHI KANT
GOPAL GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rajiv Lochan Shukla and Awadhesh Kumar Mishra for the Petitioners; A.G.A., Manish Goyal, Sushil Shukla and Syed Ali Murtaza for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—In the present case a Judicial Officer, of the rank of Additional Civil Judge, residing in well protected residence provided to her in the high security Judges’ compound, at Aligarh an area protected under 24 hours police surveillance, has come up with the case that in the intervening night of 2.6.2014, at 12.30 pm, she has been subjected to rape by two of her relatives.

2. First Information Report of the said incident has been lodged by her brother Dheeraj Jindal and same has been registered as Case Crime No. 633 of 2014, under Sections 458, 328, 354, 376, 323, 324, 307 IPC, Police Station Civil Lines, District Aligarh. On the said FIR in question being lodged against two persons who have been named as accused in the aforesaid case, they have rushed to this Court complaining therein that it is impossible to conceive of a situation that a judicial officer residing in high security area under 24 hours consistent surveillance of police has been subjected to rape. No one has witnessed the incident in question but for the lady in question. It is being asserted that this is a glaring case wherein lodging of FIR is being used as weapon for vengeance to har





























































































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