PREM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Counter-affidavit filed by the State today be taken on record.

(3.) It is contended by learned counsel for the applicant that the name of the applicant had not occurred in the FIR which was lodged 3 days after the recovery of the prosecutrix. The recovery itself was effected on 20-12-2000. The statement of the prosecutrix was recorded even 24 hours thereafter wherein the name of this applicant has appeared. In the circumstances, non- mention of the name of the applicant in the first in- formation report carries sufficient weight.