MUKHTAR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Viresh Mishra, learned Senior Advocate assisted by Sri Pankaj Misra, learned counsels for the applicant, Sri Anil Kumar Singh, learned counsel for the opposite party No. 2 and learned A.G.A for the State, opposite party no. 1.

(2.) Opposite party no. 2 lodged an FIR on 30.04.2018 against four persons, namely, Mohd. Sajid @ Sonu, Himanshu Pandey @ Nanke, Alok Kumar Pandey and Somain, alleging that on 26.04.2018 when his minor daughter and prosecutrix was blooming her house the accused person enticed her away in a four wheeler.

(3.) The learned Senior Counsel for the applicant has submitted, on the basis of pleadings in affidavit in support of bail application, that a bare perusal of the FIR shows that the alleged incident took place on 26.04.2018 and FIR was lodged on 30.04.2018 wherein applicant was not named. The prosecutrix herself came back to her house on 04.05.2018 and her statement under Section 161 Cr.P.C was recorded by the police and its videography was also done. In her statement under Section 161 Cr.P.C she stated that she has passed her intermediate examination. On 23.04.2018 Sonu son of Mohd. Rashid of her village along with another person entered her house on 23.04.2018 at about 02:00 p.m when all the family members were sleeping and she was abducted by them. She raised alarm but no one heard it and she was abducted in a four wheeler and taken to some unknown place. She was unconscious and when she regained consciousness she was in a closed room. One day an accused, left his mobile in the room and the prosecutrix made a phone call to her father and thereafter to one Javed. She informed her father and Javed that she is in Ghazipur. Javed reached there with two persons and thereafter the accused left her and ran away. When she was accompanying Javed he saw police and ran away. The prosecutrix was brought to Police Station- Nawabganj and from there to her father by lady constable, Poonam Verma on 04.05.2018. She was medically examined on 05.05.2018 at 12:51 p.m and she stated before the doctor that she was abducted by Sonu, Somain and Irshad and taken in a car. They intoxicated her and raped her one by one. On 04.05.2018 they left her at allahabad and said told her that tell that she was taken to Ghazipur. On 07.05.2018 the statement of prosecutrix has been recorded by the Magistrate wherein she implicated the applicant and Chunnu and Shailendra along with the named accuseds, Somain, Irshad and Sonu.