JIJO C. GEORGE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri VP Srivastava, learned Senior Advocate assisted by Sri Arun Tripathi, learned counsel for the applicant, Sri Subhash Chandra Tiwari, learned counsel for the Opposite Party No. 2, learned AGA and perused the record on board at admission stage.

(2.) Instant application under Sec. 482 CrPC has been filed for the following relief:

(3.) The prosecutrix (Opposite Party No. 2) has lodged an FIR, being Case Crime No. No. 70 of 2022 dtd. 21/5/2022, making allegation of forceful sexual assault, criminal intimidation and inflicting injuries against the present applicant with an averment that the present applicant and the prosecutrix are working as Assistant Professor in the same college namely Ewing Christian College, Prayagraj; that on 5/12/219 at about 11 PM, when the prosecutrix went at the residence of the present applicant on his invitation, he has given some intoxicating substance in the tea and, after consuming it, she became unconscious; that taking benefit of her unconsciousness the applicant has committed rape on her and filmed objectionable video thereof as well. When she gained consciousness, she found herself in chaotic condition and screamed questioning the conduct of accused (applicant), who has thrashed and forced her to keep mum on the pretext of making an objectionable video of the event and threatened her to make it viral; that subsequently, at different places, the applicant has committed forceful sexual assault on the prosecutrix under the threat of said video; that because of such sexual relation, she got pregnant and gave birth to a boy child; that owing this incident, the relationship between the prosecutrix and her husband became very sour; that the accused has given assurance to perform marriage with the prosecutrix, however, at later stage, he refused to marry her; and threatened for the life of the prosecutrix and her old parents.