IMPORTANT POINT
The main legal point established in the judgment is that vague and unsubstantiated allegations, without material particulars, cannot justify criminal proceedings. The judgment emphasizes the importance of evidence and specificity in criminal cases to avoid the abuse of the legal process.

JUDGMENT :

1. Heard applicant-Amaan Abbaas @ Asbeg in person and learned AGA for the State.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant, challenging the charge sheet dated 28th August, 2022, cognizance order as well as summoning order dated 1.10.2022 and entire criminal proceedings of Session Case No.818 of 2022 (State Vs. Shahzad and Amaan Abbas @ Asbeg) arising out of Case Crime No. 304 of 2022, under Sections 452, 504 and 506 of the Indian Penal Code, Police Station – Noorpur, District - Bijnor, pending in the court of Additional District and Session Judge/Special Judge (POCSO Act), Bijnor.

3. Initially, the First Information Report dated 1.7.2022 was registered against three accused-persons including the applicant under Sections 452, 342, 504, 506, 377, 511 IPC and Section 5 and 6 of the POCSO Act. As per First Information Report, occurance is alleged to have been committed between 19.6.2022 to 1.7.2022. The First Information Report was lodged by one Smt Rani. As per allegations in the First Information Report, it is alleged that on 19.5.2022 at about 6:00 p.m. when son of the informant, who is aged about five years, went in the neighbourhood for playing then informant heard the distress call that son of the informant was taken away by co-accused Shahzad and was sexually assaulting the son of informant. When informant reached the spot, she found that the lower clothes of victim were removed and victim was naked and both his hands were tied up. When the informant was going to police station for reporting the incident, neighbourhood person made conciliation between the parties and the aforesaid co-accused accepted his mistake. The aforesaid co-accused Shahzad on several occasion tried to take away the victim and also abused the informant and threatened for life. It is further alleged that on 1.7.2022 also informant and her husband were threatened by co-accused Shahzad and applicant along with co-accused Awkesh came to the house of informant at about 6:00 p.m. and threatened for life to the informant and her husband.

4. The investigation in the present First Information Report was carried on by the Investigating Officer and statement of informant was recorded by Investigating Officer under Section 161 Cr.P.C. As per statement of informant before Investigating Officer, informant has supported the prosecution story. Insofar as allegation against applicant is concerned in statement under Section 161 Cr.P.C., it is alleged that applicant along with other co-accused have entered into the house of the informant and have abused the informant and her husband and has further threatened that in the event informant prefers any complaint to the police, she would be killed. Thereafter, the First Information Report was lodged by informant.

5. Further, during investigation, statement of victim under Section 161 Cr.P.C. was recorded. Victim has made allegations of sexual assault against co-accused – Shahzad. It is further alleged by victim that applicant along with co-accused have entered into the house of informant and abused the informant and father of victim and had threatened to kill in the event any police complaint is made. The victim was also medically examined on 2.7.2022 at 6:25 p.m. and in the injury report, no injury was seen in the Anus. Further no spermatozoa was seen in forensic examination.

6. The statement of victim under Section 164 Cr.P.C. was recorded before the court concerned. In the aforesaid statement, no allegation was made by victim against applicant. The victim has not taken the name of applicant in his statement under Section 164 Cr.P.C.before the court concerned.

7. The Investigating Officer has come to the conclusion that applicant’s presence at the location was not found on the basis of CDR and has stated that there is no evidence in respect of complicity of applicant in the alleged crime. The relevant extract of case diary in this respect is filed at page 38 of the paper book.