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2021 Supreme(All) 349

SAROJ YADAV
Vijay Bahadur – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Appellant : Alok Kumar Srivastava,Aakash Srivastava,Vinod Kumar
For The Respondent: G.A.

JUDGMENT :

Saroj Yadav, J.

Heard learned counsel for both the sides.

This criminal appeal has been filed under Section 14A (1) of The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) against the order dated 19.12.2020 passed by Special Judge SC/ST Act/Additional District and Sessions Judge, Court No.2, Unnao in Case Crime No.30 of 2018, under Sections 363, 366 Indian Penal Code (hereinafter referred as I.P.C.) and Section 3(1) (dha) of SC/ST Act, Police Station Purwa, District Unnao, whereby the Protest application filed by the appellant was rejected.

The brief facts necessary for deciding this appeal are as under:-

The appellant/complainant got registered F.I.R. under Sections 363 and 366 I.P.C. and Section 3(1) (dha) of SC/ST Act, against the accused Gyan Bahadur Singh alleging that the accused enticed away the daughter of the complainant. After investigation the police submitted the final report on the basis of evidence collected. In the statement given to the Investigating Officer and also under Section 164 Cr.P.C. the victim (daughter of the complainant) stated that she has love affair with the accused/complainant and

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