ISHAQ ALI KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No.0636 of 2017, under Sections 363, 366, 354(B), 376, 504, 506 Indian Penal Code and Section 3/4 Protection of Children from Sexual Offences Act, Police Station Kotwali Nagar, District Bahraich.

(2.) We have carefully gone through the contents of the impugned First Information Report. A girl stating her age to be 15-16 years got the crime registered on the premise that her immediate family members who are accused in the First Information Report are coercing her to get married to Danish. Danish is a bad character and has already given divorce to his earlier wife and, therefore, complainant does not want to get married to him. In prosecution of the scheme the offence has been committed by the accused. It has been alleged that the complainant, a minor, is being forced to get married.

(3.) Learned counsel appearing for the petitioners has referred to statement of the prosecutrix recorded under Section 164 Criminal Procedure Code, 1973 to say that the story set up by the complainant/prosecutrix in the statement is different from the contents of the First Information Report. In the statement recorded under Section 164 Criminal Procedure Code, 1973 the complainant stated her age as 16 years and has clearly stated that Danish (non-petitioner) and Sujjan (petitioner no.7) entered the house and on a knife point dragged her out. Danish raped the prosecutrix while Sujjan was standing guard. It has further been stated in the statement that she is being coerced by her family members to get married to Danish who is bad character and has already divorced his earlier wife.