HARI DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS application is filed by the applicant Hari Dayal with a prayer that Criminal Proceedings in Criminal Case No. 649 of 1999 pending in the Court of learned Additional 1st C.J.M. Jhansi arising out of the charge -sheet submitted in case crime No. 15 of 1998 under Sections 376, 452, 504 and 506 I.P.C. and Section 3(1) (xii)S.C./S.T. (PA ) Act P.S. Uldan District Jhansi.

(2.) THE facts in brief of this case are that in the present case an F.I.R. was lodged by Smt. Pushpa Devi, O.P. No. 2 on 6 -3 -1998 at 9.05 p.m. in respect of the incident which had occurred on 5 -3 -1998 at about 9.00 p.m., the F.I.R. was against the applicant and Ganesh Prasad. The matter was investigated by the I.O. who submitted the charge -sheet against the applicant under Sections 376,452,504 and 506 I.P.C. and under Section 3(1) (xii) S.C./S.T.(PA) Act before the Court concerned on 26 -6 -1998. After lodging the F.I.R. the prosecutrix was medically examined on 7 -3 -1998 at 12.30 p.m. She disclosed her age 28 years. She had received abrasion on left forearm and a nail marks over the left forearm. On internal examination swelling around vaginal opening, tender on touching was found and according to the opinion of the doctor the injuries were caused due to penetration by hard and blunt object.

(3.) IT is contended by the learned Counsel for the applicant that O.P. No. 2 has lodged a false F.I.R. against the applicant because she is habitual of fabricating false cases, the F.I.R. has been lodged for the offence defined under the provisions of S.C./S.T.(PA) Act just for taking financial assistance from the State Government. The prosecutrix is a married woman, her husband has lodged the F.I.R. against Santosh Kumar and Ashok under Sections 325, 342, 504 and 506 I.P.C. and under Section 3(1) (xii) S.C./S.T. (PA) Act in which they were tried by the learned Special Judge S.C./S.T. Act vide Special Sessions Trial No. 162 of 1996, the husband of the prosecutrix did not support the prosecution story, he was declared hostile, consequentially, accused Santosh Kumar and Ashok were acquitted on 19 -2 -1998. The O.P. No. 2 had lodged a false F.I.R. against one Raju for the offence punishable under Sections 376, 452 I.P.C. and Section 3(1) (XII) S.C./S.T. (PA) Act P.S. Mau Ranipur District Jhansi. In this case also O.P. No. 2 changed the version after taking financial assistance of Rs. 25,000 from the State Government. Therefore, charge -sheet was submitted only under Sections 354, 452 I.P.C. and 3(1) (XII) S.C./S.T. (PA) Act. O.P. No. 2 had lodged the F.I.R. against the applicant also due to ulterior motive for getting financial assistance from the State Government.