RAVI PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) It is required to mention at the threshold that on 10/9/2025 this Court has passed the order that, opposite party no.2, Ms Shivani Bhatt, present in person and stated that she is not in a position to engage a counsel to contest the case, hence, directed Registrar General to appoint an Advocate as amicus curiae to represent her. By subsequent order dtd. 7/10/2025, this Court has further made observation that Ms Shivani Bhatt is already represented by Sri Prince Kumar Srivastava, Advocate who was present in the Court along with opposite party no.2, in person and ready for arguments. The amicus curiae, therefore, has not been appointed and with the consent of parties 14/10/2025 (2.00 p.m.) fixed for arguments.

(2.) Heard, Sri Om Prakash Yadav, learned counsel for the applicant, Sri Prince Kumar Srivastava, learned counsel for opposite party no.2 as well as the opposite party no.2, in person and Sri S.K. Rai, learned A.G.A.-I for the State.

(3.) Before dealing with the arguments made by the parties, it would be expedient to deal with the F.I.R. lodged by opposite party no.2 on 17/1/2024 against the applicant-accused, Ankit Pal (brother of the accused), Mahendra Pal (father of the accused) and Munni Devi (mother of the accused) at Police Station Sahjanawa, District Gorakhpur which was registered at Case Crime No. 46 of 2024 under Ss. 376 and 120-B I.P.C. It is alleged that opposite party no.2 ('victim' for the sake of brevity) is resident of Seikhpur, Post-Dhirauli Babu, Police Station Chhavani, District Basti, who, since her childhood was residing with her maternal grand parents at Village Punda, Post-Rithuakhor, Police Station Sahjanawa, District Gorakhpur. Some years' back the victim came in contact with accused through her friend Reetu Pandey, later on, they exchanged their phone numbers and started chatting. It is during these chats that the accused has given proposal of marriage to the victim, but the victim did not trust the accused, on which the accused has intimated her that he has disclosed about the proposal of their marriage with his family. On 21/11/2023, the accused-applicant took the victim to his residence at Bharwaliya Khurd, Police Station Sipriganj, District Gorakhpur and introduced her with his parents. The parents intimated that they have no objection about the marriage and at their instance the accused took the victim to his room, where she stayed from morning till evening and the accused has committed rape on her on false assurance of marriage. When she objected, the accused assured her that he will certainly marry her. On 23/11/2023, the accused has taken her to Gorakhpur, where they have checked in a hotel behind railway station. They stayed there for the night and again accused committed rape on her. On the next day, when the victim has asked the accused for court marriage, he started dilly-dallying. She then intimated the incident to the younger brother of the accused, Ankit Pal. He has also assured her that his parents are ready for the marriage and further assured that his brother will marry her. She then talked to the father of the accused, who has refused, on which she went to Sipriganj Police Station and intimated the incident to the Darogaji, who has called the family members of the accused and entered some paper work. Thereafter, the accused has taken the victim to Delhi for visit where she again asked the accused for the court marriage, but he did not marry her and only gave false assurance. She stayed there with the accused for nearly a month and was subjected to rape on these days. On 3/1/2024, the accused has left her alone at Delhi. The victim states that the accused applicant and his family members committed conspiracy and she was subjected to rape by the accused on false assurance of marriage pursuant to that conspiracy.