ANIL KUMAR SONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Perused the record.

(3.) Submission of counsel is that according to the medical examination the age of the alleged victim is of 19 years. Counsel has drawn the attention of the Court to the statement recorded by the investigating officer under Section 161 of Cr.P.C. in which she has admitted in so many words that she had come in contact with the applicant and he had taken her to Varanasi and from there both went to Rajasthan and both have established their physical relationships. Further submission is that the medical examination of the girl does not indicate any mark of external injury on the person of the victim which, according to the counsel, indicates that no resistance or protest was ever offered by the victim. Further submission is that admittedly the girl had remained with the applicant for about 2 months and there is nothing on record to indicate that during that period she made any kind of resistance or protest. It was further submitted that it is a case of consensual sex and both were in deep love but as the family members of the girl were not agreeable to this relationship, this false and frivolous F.I.R. has been lodged against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, much emphasis was laid by the counsel that period of detention and it has been submitted that the applicant is being the bars since 27.8.2013 and that there is hardly any likelihood any early conclusion of trial.