AJAY MANN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HAVING heard learned Counsel of the petitioner as well as the State Counsel, it transpires that the victim Monika/Archna, daughter of Mr. Vedpal Singh, originally the resident of Bijnaur, was doing her job in the "Joy Land Water Park", an establishment situated at Sahastradhara in Dehradun which was owned by Pradeep Sangwan. This was an amusement park for children run on the commercial basis and Pradeep Sangwan had a guesthouse inside the premises of that park. On the pretext of promoting his business, he asked the victim Monika to accompany him to Mussorrie so as to establish contacts with the Principal of the school. She though willy -nilly but accompanied in command of her employer where he carried Monika to his flat on the Mall Road of Mussorrie and she was subjected to sexual intercourse forcibly. Allegedly her video clipping was also made and at the strength of such clipping, she was made to be blackmailed for all the times to come till she lodged the FIR on 18.4.2014 against Pradeep Sangwan for all the misdeeds he had done. Director General of Police, Uttarakhand ordered investigation on 26.4.2014. Soon after the lodging of the FIR, the statement of the victim under Section 164 CrPC was got recorded before the 2 Judicial Magistrate concerned wherein she ratified all the allegations of the report.

(2.) NOW , feeling the gravity of the situation, Ajay Mann, the real brother -in -law of Pradeep Sangwan, comes into play. He endeavoured to the core in persuading the victim for compounding the matter. In that course, he offered a good amount of money in lakhs as well as the execution of the sale deed of a residential accommodation to the victim at Dehradun. It appears that the efforts of Mr. Mann succeeded and a sale deed was got executed and a good amount of money was also paid to her. Since the police was keeping a keen eye over the transaction, so the talks between Ajay Mann and all concerned on the one hand and the victim on the other were kept on surveillance and recorded by the police. Those talks revealed everything and the incriminating part played by Mr. Mann in the entire episode. So, the argument on behalf of the petitioner that he is not named in the FIR is of no relevance.

(3.) IT has further been argued that Pradeep Sangwan has got an arrest stay from Hon'ble Apex Court. This contention by itself is not sufficient to bring the case of Mr. Ajay Mann at par with Pradeep Sangwan.