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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

other; accused-respondent, Ovendra started to visit her residence at Malipur;

two years ago, he came at her home and enticed her to make physical

relations; on her protest, he promised to marry her; she was also threatened;

thereafter he took her to Dehradun where he raped her and also made obscene

video clipping; and whenever she asked him to marry her, he would threaten

to upload the video on social media; on 24.8.2016 accused-respondent came to

her house at Malipur and under threat, he made physical relations with her and

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when she exerted pressure to marry him, he hurled abuses at her and also

threatened to liquidate her and further threatened that since he serves in R. P.

F. at Hyderabad, will implicate her and her family members in a false case; on

27.8.2016 by playing fraud he obtained her signatures on plain stamp paper

and got typed a compromise thereon; the accused-respondent is blackmailing

her, therefore, her report be lodged at the concerned police station and legal

action be taken against the accused-respondent.

4.

The S. S. P. directed on 6.9.2016 to the concerned S. H. O. Pagwara, to

register the F. I. R. and take necessary action.

5.

The chik F. I. R. was registered being Case Crime No. 346 of 2016

under Sections-376, 504 and 506 I. P. C. and Section-66 of Information

Technology (Amendment) Act, 2008, and upon entrustment, investigation

commenced. During the course of investigation, prosecutrix was presented for

medical examination and radiological examination was also conducted. In the

medical examination, no mark of injury over her private part or person was

found. Hymen was found old torn and healed. No spermatozoa whether alive

or dead, was seen. In the medical examination which was conducted to

determine her age, in the opinion of the doctor, on 29.6.2016, she was found to

be about twenty years old.

6.

During the investigation, the statement under Section 164 Cr. P. C. also

was recorded by learned Additional Chief Judicial Magistrate-IV, Moradabad

on 4.10.2016. During investigation statements of the prosecutrix, accused and

other witnesses under Section 161 Cr. P. C. was recorded and the investigating

officer found prima facie evidence under Sections-376, 504, 506 I. P. C. and

submitted police report under Section 173 (2) Cr. P. C. against the accused-

respondent to the magistrate concerned, who in the light of the material before

him, took cognizance in exercise of power under Section 190 (1) Cr. P. C. for

offences under Sections 376, 504 and 506 I. P. C. After completing the

formalities, the concerned magistrate committed the case for trial to the Court

of Sessions, Moradabad, from where sessions trial was transferred to the Court

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of Additional Sessions Judge, F. T. Court No. 1, Moradabad. Statements of

prosecut