MANISH OM PRAKASH Vs. STATE OF U P
LAWS(ALL)-2005-4-75
HIGH COURT OF ALLAHABAD
Decided on April 28,2005

MANISH, OM PRAKASH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Ravindra Singh, J. - (1.)Heard Sri Pankaj Shukla, learned counsel for the applicant, Sri D. K. Diwan, learned counsel for the complainant and the learned A.G.A.
(2.)This applicati1on has been filed by the applicant with a prayer that the applicant may be released on bail during the pendency of the trial in Case Crime No. 470 of 2004 , under Sections 363, 366, 376 I.P.C. , police Station Kotwali District Mathura. The bail application filed by the applicant in the Sessions Court was rejected on 27.1 1.2004 by the learned Sessions Judge, Mathura.
(3.)The prosecution story, in brief, is that the Prosecutrix Km. Dipika, aged about 15 years was the student of High School. She used to go at the house of co-accused Om Prakash Sharma for the tuition. The applicant and Om Prakash Sharma were the tutors. On 13.7.2004, she had gone to the house of the applicant, but she did not return to her house, then the first informant Radhey Ballabh Chaturvedi, the father of the Prosecutrix, went to the house of the applicant, where they found the house of the applicant was locked Thereafter, the first informant and others were remained busy in searching. They were told by one Dwarika Nath Chaturvedi, Suresh Chandra Chaturvedi and Rakesh Chaturvedi that they had seen the Prosecutrix in the company of the applicant and two other co-accused persons on 13.7.2004 at about 6 P.M. when they were going towards the new bus stand then the first information became confident that the Prosecutrix was enticed away by the applicant and two other co-accused persons then the F.I.R. was lodged on 17.7.2004 under Sections 363 and 366 I.P.C. Thereafter, the Prosecutrix was recovered from the company of the applicant on 3.9.2004 from Jaipur. She was medically examined on 4.9.2004. In the supplementary medical examination report, she was found about 16 years of age. Her statement was recorded under Section 164 Cr.P.C. on 9.9.2004 in the court of learned ACJM-Ist, Mathura in which she made the specific allegation against the applicant that she was kidnapped by the applicant and she was raped by him against her Will and consent and she disclosed her age as 15 years.


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