AKASH KUMAR @ SEHJAZ KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) Present revision has been filed under section 401 Cr.P.C., 1973 against the order dated 01.04.2017, passed by the learned 7th Additional Sessions Judge, Dehradun in Session Trial No. 14 of 2017, State v. Akash @ Sehjad, whereby the learned Trial Judge had declined to discharge the revisionist and fixed the date for framing of the charges against the revisionist.

(3.) Brief facts, of the case, are that prosecutrix has lodged the FIR against the revisionist with the allegation that prosecutrix is a staff nurse in the Health Department. In the month of April she came to Dehradun to attend the Biochemist Hazard Conference. The booking was in the Hotel Shubham. When she was enquiring about hotel Shubham, one person stop nearby her and told the address of Shubham hotel. In general conversation he got the mobile number of the prosecutrix. Thereafter, many times he used to talk with her and introduced himself Aakash and proposed her to marry with him. On 08.05.2015, she came to Dehradun for one week and stayed in her sister's house then revisionist called her and pressurize her to get marry. On the next day, he took the prosecutrix to the court to get marry, on her refusal, he offered her to roam outside with him and took her to Rajpur via Doon Barfi in to the double story house situated in between the jungle and offered her toxic cold drink and after having that drink she become unconscious and thereafter, revisionist committed rape with her. When she become conscious and objected, the revisionist told the prosecutrix that he will marry with her. Again, he called the prosecutrix and took her to same house and developed physical relation with the prosecutrix and grabbed eight lakhs rupees for the plot and did not even provide the plot.