JUDGMENT :

Syed Waiz Mian, J.

1. This government appeal has been preferred against the judgement and order dated 13.11.2020, passed by Additional Sessions Judge, Fast Track Court No. 1, Moradabad in Sessions Trial No. 326/2017, arising out of Case Crime No. 346/2016, P.S.-Pakbada, district-Moradabad, whereby, he has acquitted the accused-respondent, Ovendra of the charges under Sections-376, 504 and 506 I.P.C.

2. The proseuction story in brief runs as under:

3. That on 7.9.2016 the prosecutrix presented an application to lodge the F.I.R. at the concerned police station to S.S.P., Moradabad, averring therein that she served in the office of Idea Telecom Company, Harthala; her elder sister Pinky was married in village-Prithvipur, P.S.-Amroha Dehat, district-Amroha, and she would often visit her sister's place; accused-respondent, Ovendra, who was the neighbour of her sister, became familiar with her and between them friendship developed and both had fallen in love with each other; accused-respondent, Ovendra started to visit her residence at Malipur; two years ago, he came at her home and enticed her to make physical relations; on her protest, he promised to marry her; she was also threatened; thereafter he took her to Dehradun where he raped her and also made obscene video clipping; and whenever she asked him to marry her, he would threaten to upload the video on social media; on 24.8.2016 accused-respondent came to her house at Malipur and under threat, he made physical relations with her and when she exerted pressure to marry him, he hurled abuses at her and also threatened to liquidate her and further threatened that since he serves in R.P.F. at Hyderabad, will implicate her and her family members in a false case; on 27.8.2016 by playing fraud he obtained her signatures on plain stamp paper and got typed a compromise thereon; the accused-respondent is blackmailing her, therefore, her report be lodged at the concerned police station and legal action be taken against the accused-respondent.

4. The S.S.P. directed on 6.9.2016 to the concerned S.H.O. Pagwara, to register the F.I.R. and take necessary action.

5. The chik F.I.R. was registered being Case Crime No. 346 of 2016 under Sections-376, 504 and 506 I.P.C. and Section-66 of Information Technology (Amendment) Act, 2008, and upon entrustment, investigation commenced. During the course of investigation, prosecutrix was presented for medical examination and radiological examination was also conducted. In the medical examination, no mark of injury over her private part or person was found. Hymen was found old torn and healed. No spermatozoa whether alive or dead, was seen. In the medical examination which was conducted to determine her age, in the opinion of the doctor, on 29.6.2016, she was found to be about twenty years old.

6. During the investigation, the statement under Section 164 Cr.P.C. also was recorded by learned Additional Chief Judicial Magistrate-IV, Moradabad on 4.10.2016. During investigation statements of the prosecutrix, accused and other witnesses under Section 161 Cr.P.C. was recorded and the investigating officer found prima facie evidence under Sections-376, 504, 506 I.P.C. and submitted police report under Section 173 (2) Cr.P.C. against the accused-respondent to the magistrate concerned, who in the light of the material before him, took cognizance in exercise of power under Section 190 (1) Cr.P.C. for offences under Sections 376, 504 and 506 I.P.C. After completing the formalities, the concerned magistrate committed the case for trial to the Court of Sessions, Moradabad, from where sessions trial was transferred to the Court of Additional Sessions Judge, F.T. Court No. 1, Moradabad. Statements of prosecutirx and other witnesses were recorded. After closure of evidence on behalf of prosecution, the statement of accused-respondent under Section 313 Cr.P.C. was recorded. The lower court put the evidence to the accused who denied the same and stated that he has been