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2015 Supreme(All) 3864

KARUNA NAND BAJPAYEE
Anil Kumar Sonkar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- S.K. Dubey,Dinesh Mishra,Jay Narayan Mishra,Sanjay Kumar Singh, Raj Kumar Tripathi.
For the Opposite Party :- Govt. Advocate

JUDGMENT

Karuna Nand Bajpayee, J.

Heard learned counsel for the applicant and learned A.G.A.

2. Perused the record.

3. Submission of counsel is that according to the medical examination the age of the alleged victim is of 19 years. Counsel has drawn the attention of the Court to the statement recorded by the investigating officer under Section 161 of Cr.P.C. in which she has admitted in so many words that she had come in contact with the applicant and he had taken her to Varanasi and from there both went to Rajsthan and both have established their physical relationships. Further submission is that the medical examination of the girl does not indicate any mark of external injury on the person of the victim which, according to the counsel, indicates that no resistance or protest was ever offered by the victim. Further submission is that admittedly the girl had remained with the applicant for about 2 months and there is nothing on record to indicate that during that period she made any kind of resistance or protest. It was further submitted that it is a case of consensual sex and both were in deep love but as the family members of the girl were not agreeable to this relationship, this









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