1

Reversed

Court No. - 48

Case :- GOVERNMENT APPEAL No. - 83 of 2021

Appellant :- State of U.P.

Respondent :- Ovendra Singh

Counsel for Appellant :- G.A.

Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

(Per Justice Syed Waiz Mian)

1.

This government appeal has been preferred against the judgement and

order dated 13.11.2020, passed by Additional Sessions Judge, Fast Track

Court No. 1, Moradabad in Sessions Trial No. 326/2017, arising out of Case

Crime No. 346/2016, P. S.-Pakbada, district-Moradabad, whereby, he has

acquitted the accused-respondent, Ovendra of the charges under Sections-376,

504 and 506 I. P. C.

2.

The proseuction story in brief runs as under:

3.

That on 7.9.2016 the prosecutrix presented an application to lodge the F.

I. R. at the concerned police station to S. S. P., Moradabad, averring therein

that she served in the office of Idea Telecom Company, Harthala; her elder

sister Pinky was married in village-Prithvipur, P. S.-Amroha Dehat, district-

Amroha, and she would often visit her sister's place; accused-respondent,

Ovendra, who was the neighbour of her sister, became familiar with her and

between them friendship developed and both had fallen in love with each