NADEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri A.K. Srivastava, advocate has filed parcha on behalf of the complainant which is taken on record. Heard Sri P.K. Tyagi, learned Counsel for the applicant and learned A.G.A. Perused the record.

(2.) The contention of the applicant's Counsel is that according to medical examination report, the girl is of about 18 years in age. The Counsel has drawn the attention of the Court to the contents of the F.I.R. which discloses that the alleged victim at the time of going away from the house had taken away enormous cash and jewellery with her. According to Counsel the same fact strongly suggests that on her own volition she had gone along with the applicant and no kind of coercion had been used against her. Further submission is that in the course of her examination given to the police, she has admitted that she was previously acquainted with the applicant and was having active conversion with him on mobile phone. She admits in her statement that finally finding an opportunity in the absence of her fattier and mother, who had gone in a marriage ceremony she went out from her house along with applicant and later on contracted marriage with applicant willfully and lived along with applicant as husband and wife in a Hotel. It has been further stated in her statement that she had come to Meerut because the funds had got exhausted and she and the applicant wanted to manage some more money. She had also expressed her unwillingness to go along with her father and mother at the stage when she gave her statement to the police. Submission is that later on in her statement given before the Magistrate she has substantially changed her version and the allegation of rape was disclosed against two persons. Submission is that at the most this case is of consensual sex.

(3.) In rebuttal, learned A.G.A. and learned Counsel for the complainant has opposed the prayer for bail and submitted that according to educational certificate the girl is not still major and (here-fore her consent is immaterial and the applicant is also having some bad antecedents being involved in some criminal cases.