VINAY TIWARI Vs. VIDYA

JUDGEMENT

(1.) Mr. T.A. Khan, learned counsel for the applicant.

(2.) Mr. T.A. Khan, learned counsel for the applicant undertakes to amend the memo of parties by impleading State as respondent. Let him do so during the course of the day. Copy of the application has already been received by Mr. S.S. Adhikari, learned AGA for State. Heard. Admit.

(3.) Issue notice to respondent no. 1. Learned counsel for the applicant submitted that complainant - respondent no. 1 was produced before SDM, Kotdwar by Incharge Inspector, Police Station - Kotdwar on 20.12.2008. He further submitted that learned SDM has examined the complainant on 20.12.2008 and recorded her statement on oath in which she has stated that she had gone at her own, she was neither influenced nor kidnapped. She further stated before the SDM that she is not willing to go either with her husband or parents. Mr. T.A. Khan, further submitted that complainant did not state about the rape and abduction before SDM. Having recording the statement, learned SDM directed to send her to Nari Niketan. It was contended that after releasing from Nari Niketan she, under 2