STATE OF UTTARAKHAND Vs. FAIZAN

JUDGEMENT

(1.) The State has come up in appeal against the judgment passed by the Court of FTSC/ Additional Sessions Judge, Roorkee, District Haridwar in Session Trial No. 133/2022 dtd. 13/9/2023, whereby the respondent - Faizan, who was facing the trial for the offences punishable under Ss. 457, 376(2)(n) & 506 IPC, has been acquitted.

(2.) As per the First Information Report, being Case Crime No. 122/2022, under Ss. 457, 376(2)(n) and 506 IPC, the allegations against the accused was that the accused - Faizan, on 07/8/2/2022, at around 2 o'clock in the night, came to the house of the complainant at Rampur Daandi Raan Colony, Roorkee, District Haridwar with an intention of committing obscene acts with the wife of the complainant. It is further stated in the FIR that he forcibly had physical relations with the wife of the complainant several times, without the will and consent of the victim at the above mentioned place, and had shot obscene photos and videos from time to time, and threatened to make them viral. On the above mentioned date and time, the accused threatened to kill the complainant if caught.

(3.) During investigation, statement of the victim was recorded under Sec. 164 CrPC, and before the Trial Court nine witnesses were examined by the prosecution. The Trial Court, as per the statement given by the victim, under Sec. 164 CrPC, found that the victim had admitted before the female Doctor that she knew the accused, and the accused used to come to her house, and the victim had accepted having physical relationship with consent. The victim is a married lady, and the complainant - Anil Kumar is her husband.