JAMEEL AHMAD MANSOORI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Shashikant Shandiliya, Advocate holding brief of Mr. Abhishek Verma, learned counsel for the applicant, Mr. P.S. Saun, learned Deputy Advocate General, for the State and perused the record.

(2.) The applicant is in jail being implicated in F.I.R. No. 49 of 2015, which has been registered under Sections 376 and 328 of I.P.C., Police Station Kunda, District Udham Singh Nagar.

(3.) In a subsequent statement, recorded under Sections 164 of Cr.P.C., the prosecutrix Rupa @ Sanjana though supports the case of the prosecution as far as offence under Section 328 of I.P.C. is concerned, but states nothing about rape, a fact which she had clearly stated at the time of the lodging the First Information Report. The learned counsel for the applicant, therefore, would argue that the statement of the prosecutrix are not reliable.