BALKARAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following reliefs:

(2.) Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that, on the pretext of getting married with the respondent no. 3, petitioner used to play with the body of the respondent no. 3 and, around 1 year back, he took the respondent no. 3 in a hotel situated at Nainital and tried to commit rape with her.

(3.) Learned counsel for the petitioner submitted that the respondent no. 3 herself came to Nainital by driving the car of her father and booked Room No. 104 in Hotel Skylark situated in Mall Road, Nainital. It is alleged that, in the night, two sisters slept in one bed and the petitioner and the brother of respondent no. 3 slept on another bed. He argued that, in such a situation, the possibility of committing rape is not possible and the petitioner has falsely been implicated in the instant crime. He submitted that engagement of the petitioner was fixed with Ms. Shweta Rana on 01.12.2017 and when respondent no. 3 came to know about the same, she lodged the frivolous F.I.R. against the petitioner. He submitted that F.I.R. is delayed one, inasmuch as, it has been lodged after a lapse of 1 year & two months of the alleged incident. Further, there is no whisper about commission of rape. He submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner.