The court quashed the charge sheet due to lack of corroborative evidence and substantial credibility concerns surrounding the victim's testimony, questioning the validity of consent obtained under coercion.

JUDGMENT :

AVNISH SAXENA, J.

1. The present application under Section 528 BNSS has been moved by the accused-applicants to quash the Charge Sheet No. 70/2025 dated 12.02.2025, the cognizance taking order dated 28.02.2025 and the entire proceedings of Criminal Case No. 1686/2025 ( State Vs. Neeraj Kumar and another ) arising out of Case Crime No. 883/2024, for offence under Section 376(2)(n), 323 & 506 IPC and Section 67 of Information Technology (Amendment) Act, Police Station-Izzatnagar, District- Bareilly against applicant no. 1 and Sections 354(d) & 506 IPC and Section 67 of Information Technology (Amendment) Act against applicant no. 2.

2. Heard Shri Amit Kumar Srivastava, learned counsel for applicants, Shri Anurag Kumar Pandey, learned counsel for opposite party no. 2 and Shri Chandra Badan, learned A.G.A. for State.

3. The first information report has been lodged by opposite party no. 2 on 01.12.2024 at 20:37 hours against the accused applicants alleging therein that opposite party no. 2 (victim) is a married woman whose husband is in Army. During her preparation of PCS (Provincial Civil Service), she became friend with one Mamta, who has introduced the victim with her brother accused applicant no. 1 Neeraj Kumar. On 07.08.2022 accused applicant no. 1 has called the victim at Rajrani Hotel, Pilibhit bypass road Bareilly to attend his birthday celebration, on that date accused has forcefully raped her and recorded her indecent videos and photographs. The victim was then threatened that he will make the video viral. On threatening of making the video viral, the accused has again called the victim at Rajrani Hotel on 14.08.2022, thereafter on 27.10.2022 and committed rape on her. She was again called to hotel Radisson Bareilly on 18.11.2023, where she was again subjected to rape on being blackmailed. On 19.05.2024, the accused has called the victim on her mobile phone and threatened to make her video viral. Thereafter, he has transferred those video and photo to his cousin brother, applicant no. 2, who has also threatened her to make her video viral and asked her for sexual favours, but she has refused the demand, on which the accused applicant no. 2 has sent the videos and photographs to the family members of victim and made her life became miserable, she has also thought of ending her life.

4. In the statement of victim recorded under Section 180 BNSS, she has stated that while preparing for PCS examination, she came in contact with one Mamta, who has intimated her that her brother Neeraj is also preparing for PCS examination and she could take his help. The victim has started visiting the house of Neeraj for taking notes. After sometime Neeraj has called the victim at Rajrani Hotel to celebrate his birthday, where he has forcefully entered into physical relation with her and recorded her videos. Subsequently, he has started blackmailing her and called her to hotel and committed rape on her. Further reveals that he has transferred the videos to his cousin brother Shobhit, who has also started blackmailing her and has passed all the videos to her family members.

5. The victim in her statement under Section 183 BNSS has further disclosed that she came in contact with Mamta through facebook in the year 2022, while she was preparing for her PCS examination. Mamta has intimated her that her brother Neeraj got selected in PCS and could help in getting her examination cracked. The two started visiting each other’s house and sometime she also meet Neeraj outside but