IMRAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Zafar Ullah Siddiqui, Advocate for the applicant and Mr. D.K. Sharma, Additional Advocate General, for the State of Uttarakhand.

(2.) The applicant is in jail having been implicated in FIR No. 132 of 2015, which has been registered under Sections 376(2)/313 of IPC and Section 4 of the Dowry Prohibition Act, 1961 and 5/6 of the Protection of Children from Sexual Offences Act, 2012 at Police Station - Vanbhulpura, District -Nainital.

(3.) The allegation in the First Information Report lodged by the complainant is that the applicant, on promise that he will marry the prosecutrix, sexually exploited her. There is allegation of rape as well. It is also stated in the FIR that both complainant and applicant were engaged and about to marry. Since, the parents of the complainant were not able to give him (applicant) the dowry as demanded, they backed out and thereafter the First Information Report has been lodged. According to the applicant, prosecutrix has already been examined as P.W. -1. A statement has been annexed to the bail application as annexure no.3, wherein she turned hostile and says that she was in a relationship with the applicant with her own consent.