URMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Supplementary affidavit annexing the statement of the prosecutrix recorded under Section 164 CrPC has been filed today which is taken on record.

(2.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(3.) It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that as per the the medical report age of the prosecutrix is above 19 years and no definite opinion about rape has been given by the doctor. He further submits that neither any external nor internal injury was found on the private parts or the person of the prosecutrix. He further referred to the statement of the prosecutrix recorded under Section 164 CrPC to indicate that the prosecutrix was carrying on love affair with the brother of the applicant and she, out of her own free will and volition, eloped with the brother of the applicant and also performed marriage with him on 13.4.2011. She further stated that she used to love Mukeem and had gone to Delhi along with Mukeem who established physical relationship with her consent. He further submitted that the aforesaid conduct of the prosecutrix clearly suggests that she was a consenting party. He further submitted that the applicant has been maliciously implicated since he happens to be brother of Mukeem with whom the prosecutrix has eloped. The applicant is in jail since 19.4.2011.