TARUN BANDHU Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) LEARNED Counsel for the applicant submitted that there is allegation against the present applicant is that prosecutrix Priti was kidnapped by present applicant on 6-11-2006 at about 8- 9 a. m. through Santro Car No. D. L. 4 CAG 5227. Applicant is the cousin (Mausera Bhai ). Thereafter, she was allegedly recovered from the possession of the present applicant on 7-2- 2007 from Delhi. Statement of the prosecutrix was recorded under Sections 161 and 164 Cr. P. C. by I. O. and concerned Magistrate wherein she has stated that present applicant used to commit the offence of rape with her without her consent. It is further contended that she lived with the applicant for about five months in Delhi. She was found aged about 20 years. No injury was found on her person as well as on her private parts.

(3.) AFTER considering submissions made by learned Counsel for the applicant, it appears that prosecutrix was aged about 20 years at the time of alleged occurrence. No any injury was found on her person as well as on her private parts. She lived with the applicant at Delhi for about five months. Although he is the Mausera Bhai of the prosecutrix, one application was moved by prosecutrix on 8-11-2006 to S. S. P. Meerut and Circle Officer Shastri Nagar, Meerut, its copy is on record as Annexure No. 4, which reveals that information regarding marriage of the both persons were given to S. S. P. Meerut, Circle Officer, Shastri Nagar Meerut. Marriage Certificate has also been filed.