Shobhit Kumar vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 31

RAVINDRA MAITHANI
Shobhit Kumar – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
Akshay Pradhan, Advocate, Lalit Miglani, Advocate, Mamta Joshi, Advocate

JUDGMENT

Ravindra Maithani, J. - Applicant Shobhit Kumar is in judicial custody in Case Crime No.356 of 2020, under Sections 363, 366-A, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Nehru Colony, District- Dehradun. He has sought his release on bail.

2. Heard learned counsel for the applicant through video conferencing and perused the record.

3. According to the FIR, the victim, a young girl of 14 years of age and the daughter of the informant, was enticed by the applicant. The informant first moved a missing report before the police. Subsequently, when he came to know that it is the applicant, who enticed his daughter, he lodged a report. They both were recovered.

4. Learned counsel for the applicant would submit that the statement of the victim has already been recorded at the trial; she has stated that on the date of incident, she, on her own, left her house; based on this statement, it is argued that no offence of kidnapping is made out; with regard to the offence of rape, it is submitted that, in fact, the victim did not tell it to the doctor even that they established physical relations. It is argued that according to the st

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