ADITYA KUMAR SINGH Vs. STATE OF U. P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State by means of Video-Conferencing and perused the record.

(2.) Allegation against the applicant, Aditya Kumar Singh is that applicant and O.P. No. 2 were known to each-other since last four years of the alleged incident. On 23/3/2019 at about 5:00 p.m. in the evening, applicant came to the house of O.P. No. 2 along with sweets. Applicant administered some intoxicating substance along with sweets to O.P. No. 2, thereafter O.P. No. 2 became unconscious. Applicant forcibly committed rape upon O.P. No. 2, as she became unconscious, applicant had escaped from there. At the pretext of marriage, later on applicant made physical relations several times with O.P. No. 2.

(3.) Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. No alleged incident has taken place. Applicant and O.P. No. 2 were friends. Applicant transferred money from time to time in the bankaccount of O.P. No. 2 owing to alleged relationship. She lodged the F.I.R. due to counselling of some other persons in order to extract money from the applicant. There was no relationship between applicant and O.P. No. 2 except the simple friendship. First Information Report is highly belated. There are no criminal antecedents of the applicant. There is no evidence against the applicant. There is no motive to commit alleged offence. Even if prosecution story is taken as true, even then no offence under Sec. 376 I.P.C. is made out, hence this Petition.