STATE OF U. P. Vs. OVENDRA SINGH

JUDGEMENT

(1.) This government appeal has been preferred against the judgement and order dtd. 13/11/2020, passed by Additional Sessions Judge, Fast Track Court No. 1, Moradabad in Sessions Trial No. 326/2017, arising out of Case Crime No. 346/2016, P. S.-Pakbada, district-Moradabad, whereby, he has acquitted the accused-respondent, Ovendra of the charges under Ss. -376, 504 and 506 I. P. C.

(2.) The proseuction story in brief runs as under:

(3.) That on 7/9/2016 the prosecutrix presented an application to lodge the F. I. R. at the concerned police station to S. S. P., Moradabad, averring therein that she served in the office of Idea Telecom Company, Harthala; her elder sister Pinky was married in village-Prithvipur, P. S.-Amroha Dehat, districtAmroha, and she would often visit her sister's place; accused-respondent, Ovendra, who was the neighbour of her sister, became familiar with her and between them friendship developed and both had fallen in love with each other; accused-respondent, Ovendra started to visit her residence at Malipur; two years ago, he came at her home and enticed her to make physical relations; on her protest, he promised to marry her; she was also threatened; thereafter he took her to Dehradun where he raped her and also made obscene video clipping; and whenever she asked him to marry her, he would threaten to upload the video on social media; on 24/8/2016 accused-respondent came to her house at Malipur and under threat, he made physical relations with her and when she exerted pressure to marry him, he hurled abuses at her and also threatened to liquidate her and further threatened that since he serves in R. P. F. at Hyderabad, will implicate her and her family members in a false case; on 27/8/2016 by playing fraud he obtained her signatures on plain stamp paper and got typed a compromise thereon; the accused-respondent is blackmailing her, therefore, her report be lodged at the concerned police station and legal action be taken against the accused-respondent.