LAWS(ALL)-2008-4-269

VIJAY KUMAR Vs. STATE OF U.P.

Decided On April 09, 2008
VIJAY KUMAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THE accused applicant, who is Pujari of Mandir Ma­hadev at Lala Ka Bazar, Meerut is said to have seduced the daughter of the com­plainant as she used to go often to the Mandir. The accused applicant Pujari lured the girl in a trap by telling her that he will ensure the recovery of her father from ill­ness from which he is suffering. He continued to have sexual intercourse with her of and on and the matter come to light when she became four months pregnant.

(2.) HEARD Sri K.K. Srivastava, advo­cate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

(3.) IT is well settled that there can be a difference of 2 year either way, in the as­sessment of age by medical examination, which means that she may be about 16 years at the time of occurrence. In her statement under section 164 Cr.P.C, the prosecutrix has stated that she was cheated and deceived by the accused, because he told her that he would cure her father.