LAWS(ALL)-2006-7-137

OM PRAKASH Vs. STATE OF U P

Decided On July 25, 2006
OM PRAKASH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for in complaint case filed by respondent lady in the Court of Additional Chief Judicial Magistrate Mirzapur, the applicant has been summoned under Sections 354, 504, 506 I.P.C. and Section 3 (1) (x) of SC/ST Act.

(2.) THE allegations from the side of the complainant -lady are that her husband was engaged in stone breaking business at the place of accused -applicant and the wages amounting to Rs. 18,000 of her husband was due against the applicant -accused which the applicant -accused did not pay to her and her husband despite many demands raised by her and her husband, and also insulted her whenever the payment she demanded from the accused. On 28 -4 -1999, around 10 O'clock when the complainant was evacuating her bowels in a field, the accused descended there, caught hold of her and assaulted her sexually. This incident was witnessed by her husband and one Om Prakash and many others who arrived on the spot after hearing her cries. The accused, decamped there after proclaiming her as 'Chamari' and threatening for life. Due to the fear of the applicant, she could not get her medically examined and the police too declined to register her report. She, thereafter sent a registered information on 15 -5 -1999 to the Senior Superintendent of Police, Mirzapur but in vain.

(3.) I have heard Sri H.N. Singh, learned Counsel for the applicant and Sri Sushil Kumar Srivastava, for the lady -respondent and the learned A.G.A. for the State.