JUDGMENT :

PRAMOD KUMAR SRIVASTAVA, J.

1. Heard Sri Shamshad Ahmad Khan, learned counsel for the appellant and learned Additional Government Advocate for the State as well as perused the record.

2. The present appeal under Section 372 of Criminal Procedure Code, 1973 (herein-after referred to as “Cr.P.C.”)/413 of Bhartiya Nagarik Suraksha Sanhita, 2023 (herein-after referred to as BNSS, 2023) has been filed against the judgment and order dated 17.03.2026 passed by the court of Additional Session Judge, F.T.C. Court-I, Lucknow, in Sessions Trial No. 1184 of 2022, State of U.P. Vs. Aryan Mishra, arising out of Case Crime No. 241 of 2022, under Sections 376, 506 IPC, Police Station Madiyaon, District Lucknow, thereby acquitting the opposite party No.2 from the charges under Sections 376, 506 of IPC.

3. The factual matrix of the case is that the complainant’s daughter was befriended by a fellow student, namely, Aryan Mishra, who committed rape on her on several occasions under the false pretext of marriage. In September 2018, the accused invited the victim on the birthday party at a rented house of Aryan’s friend, namely, Saurabh, where Aryan Mishra forcibly established physical relations with her and recorded obscene photographs and videos of the victim, which he later on used to blackmail and threaten her to viral the same via social media. These sexual assaults continued by the accused-Aryan Mishra at various locations between the year 2020 to 2022, in Risova Club on 7^th of January, 2020, a hotel in Hazratganj on 16^th of January, 2021, the Silver Hotel near Medanta Hospital in October and November of 2021 and the R. K. Grand Hotel on 10^th of February, 2022. Throughout this period, the accused repeatedly established physical relations with the victim and in the FIR it is mentioned that the victim could not disclose the incident to any one due to chastity and social stigma, but thereafter after she eventually informed the incident to complainant who had filed a written Teharir at Police Station Madiyaon, District Lucknow. On the basis of written Teharir, a First Information Report (hereinafter referred as ‘FIR’ in short) against the accused-Aryan Mishra was lodged under Sections 376 and 506 of IPC

4. During the course of investigation, the Investigating Officer, visited the places of occurrence, prepared a site plan and recorded the statements of the witnesses. Following the investigation, a chargesheet against the accused-Aryan Mishra was submitted under Sections 506 and 376 of the IPC.

5. After taking cognizance, in compliance of the provisions under Section 207 of the Cr.P.C., the case was committed to the Court of Session from where it is made over to the Court of Additional District and Sessions Judge (FTC-I), Lucknow for disposal according to law.

6. The trial Court framed the charges against the accused under Sections 506, 376 of IPC and read over and explained to him, the accused denied them and claimed to be tried.

7. In order to prove its case, the prosecution has adduced the ocular evidences of victim PW-1, Ram Saran Tripathi PW-2, the complainant, Dr. Smita Rai PW-3, Shiv Prakash Soni PW-4, Ramakant PW-5, SI Anil Kumar Singh PW-6 and SI Safatullah PW-7.

8. The prosecution has adduced the documentary evidences which are statement of the victim recorded under Section 164 of Cr.P.C. Exhibit Ka-1, teharir Exhibit Ka-2, medico legal and supplementary report Exhibit Ka-3, photocopy of hotel entry register Exhibit Ka-4, chargesheet Exhibit Ka-5, Chik FIR Exhibit Ka-6, copy of GD entry Exhibit Ka-7 and site plan Exhibit ka-8.

9. After closure of the prosecution evidence, statement of accused-Aryan Mishra under section 313 of the Cr.P.C. was recorded, in which accused denied all the evidences and attending circumstances emerged out in the testimony of the prosecution witnesses.

10. At the stage of defence evidence, the acccused-Aryan Mishra himself was examined as DW-1, Amit Mishra as DW-2, Komal Mishra as DW-3, Shraddha Prakash as DW-4,