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2022 Supreme(All) 1223

SUNEET KUMAR, SYED WAIZ MIAN
State of U. P. – Appellant
Versus
Ovendra Singh – Respondent


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 threa

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