RAM SAHAI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rajiv Dwivedi, learned counsel for the revisionist, learned AGA for the State and Mr. Manish Tandon, learned counsel for opposite party no.2.

(2.) The instant revision has been preferred against the impugned judgment and order dtd. 16/3/2022 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Chitrakoot in Special Session Trial No.36 of 2018 (State of U.P. vs. Ram Sahai Singh) arising out of Case Crime No.225 of 2018, under Ss. 366, 328, 376 (2) (n), 294, 323, 504, 506 IPC, Sec. 66-E of Information Technology Act, 2000 and Sec. 6 of Protection of Children From Sexual Offence Act, Police Station Karvi, District Chitrakoot whereby the application under sec. 177 Cr.P.C. has been rejected.

(3.) The prosecution version as adumbrated in the first information report lodged by the prosecutrix Pratibha Singh on 5/4/2018 regarding an alleged incident of rape by the revisionist on her on 13/8/2013 at about 01.00 P.M. In the F.I.R. it is alleged that the victim came in touch with the revisionist in the year 2012 and the revisionist had helped her in getting a laptop in government scheme in the year 2012 and since then the revisionist has been stalking her and used to pass obscene remarks. It is further alleged that on 13/8/2013 at about 01.00 P.M. when she was waiting for Auto outside the college, the revisionist came and offered her for lift in his Bolero Car and made her sit by his side. The revisionist then offered her cold drink and after consuming it, she became unconscious and when she became out of conscious she found herself in a Jungle where the revisionist raped her. It is further alleged that the revisionist also prepared video clippings and clicked some photographs and also extended threats of making it viral and continuously kept on sexually exploiting her.