SHIV KUMAR MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel appearing for the complainant.

(2.) The present application has been filed with a prayer to quash the charge sheet dtd. 1/8/2019 as well summoning order dtd. 17/8/2019 passed in Session Case No. 131 of 2019 arising out of Case Crime No. 202 of 2019, under Ss. 363, 366, 376 I.P.C. and Sec. 3/4 of POCSO Act, P.S. Tikait Nagar, District Barabanki.

(3.) Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the statement of the victim was recorded under Sec. 161 Cr.P.C., in which, she categorically denied the prosecution story and stated that her marriage was settled by her mother against her wishes and as she was being victimized by her family members, she reported the incident to the applicant and came to his house on her own. Thereafter, she stayed there and also entered into marriage with the applicant. Submission of the learned counsel for the applicant is that the victim is enjoying her matrimonial life. Statement of the victim was also recorded under Sec. 164 Cr.P.C., in which, she again reiterated her version recorded under Sec. 161 Cr.P.C. Learned counsel for the applicant vehemently submits that the Investigating Officer filed the charge sheet in mechanical manner without considering the statements of the victim. The victim was also examined as P.W. 2 before the trial court, wherein also she categorically denied the prosecution version, but even then, the trial is going on. It is lastly submitted that out of their wedlock, one daughter is also born. It is, thus, submitted that the indulgence of this Court is necessary.