TOSHAN SAHU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-Toshan Sahu is in judicial custody under Ss. 323, 365, 368, 195, 504, 506, Sec. 34 and Sec. 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 310 of 2020, registered at police station Kotwali Haridwar, District Haridwar.

(2.) The case of the prosecution is that the prosecutrix went to Shantikunj, Haridwar with one Maniram Sahu in the year 2010. At that time, she was 14 years of age. She was raped by the named accused in the month of July, 2010. A written information was given by the prosecutrix to Vivek Vihar police station, Delhi on 2/5/2020. The case was registered in Vivek Vihar police station in zero crime number. The said FIR was transferred to Haridwar. The present applicant was not named in the said FIR. After completion of the investigation, a closure report was filed. Further investigation was conducted on the direction of the concerned Magistrate. Upon conclusion of the further investigation, charge-sheet was filed against the present applicant and co-accused persons.

(3.) Heard Mr. Arvind Vashisth, learned Senior Advocate (Amicus Curiae) assisted by Mr. Navneet Kaushik, learned counsel for applicant, Mr. M.K. Chand, learned A.G.A. with Mr. Sandeep Sharma, learned Brief Holder for State and Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mr. Sagar Kothari, Ms. Nipush Mola Joshi and Mrs. Chetna Latwal, learned counsel for the prosecutrix.