Ritik Kumar vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 371

VIVEK BHARTI SHARMA
Ritik Kumar – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Mr. Mukul Singh Dangi, Advocate
For the Respondent: Ms. Manisha Rana Singh, A.G.A.

JUDGMENT :

Vivek Bharti Sharma, J.

Applicant Ritik Kumar, who is in jail in connection with Case Crime No.211 of 2023 (Special S.T. No.890/2023) under Sections 363, 366, 376(2) of IPC and Section 5(1)/6 of POCSO Act, P.S. Sitarganj, District Udham Singh Nagar, has sought his release on bail.

2. Learned counsel for the applicant/accused would submit that the applicant/accused is innocent and has been falsely implicated in the instant crime; that, the applicant/accused is 19 years of age; that, the prosecutrix in her statement recorded u/s 164 Cr.P.C. (Annexrure-4) has unequivocally stated that she knew the applicant/accused and is in love with the applicant/accused and wanted to marry him and on 22.07.2023 the prosecutrix/victim eloped with the applicant/accused after jumping the boundary wall of her house to marry the applicant/accused. The prosecutrix/victim further stated that eloping with the applicant/accused was her plan and not of the applicant/accused as she wanted to marry the applicant/accused.

3. Learned counsel would further submit that the statements given by the prosecutrix/victim in examination-in-chief thereby supporting the prosecution case is an afterthought under the

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