Ravi Shankar vs State Of U.P. And Another
2023 Latest Caselaw 7692 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 8750 of 2023
 

 
Applicant :- Ravi Shankar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bipin Pal Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Bipin Pal Singh, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

Challenge in this application under Section 482 Cr.P.C. is to the Charge Sheet dated 25.04.2022 submitted in Case Crime No. 200 of 2022, under Section 363 IPC, Police Station-Sadar Bazar, District-Shaharanpur, the Cognizance Taking Order/Summoning Order dated 19.07.2022 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Court No.-13, Shaharanpur in Special Sessions Trial No. 1841 of 2022 (State of U.P. Vs. Ankit and Others), under Section 363 IPC, Police Station-Sadar Bazar, District-Shaharanpur, as well as the entire proceedings of above-mentioned special sessions trial now pending in the court of Special Judge (POCSO Act)/Additional Sessions Judge, Court No.-13, Shaharanpur.

Learned counsel for applicant submits that applicant is not named in the FIR. However, irrespective of above, Investigating Officer has charge sheeted the applicant. He, therefore submits that Investigating Officer has not conducted free and fair investigation. Investigating Officer has acted as an agent of prosecution. As a result, the impugned charge sheet is tainted. On the above premise, it is thus urged that the same cannot be sustained and therefore liable to be quashed by this Court.

Per contra, the learned A.G.A. has opposed the present application. He has invited the attention of Court to the statement of the prosecutrix as recorded under Section 161/164 Cr.P.C. On the basis of above, he submits that the prosecutrix in her aforesaid statement has clearly implicated the present applicant. Referring to the judgment of Supreme Court in Phool Singh Vs. State of M.P. (2022) 2 SCC 74, he submits that in case of rape and sexual assault, even in the absence of medical evidence, prosecution can be maintained provided the statement of the prosecutrix is clear categorical and unambiguous. Perusal of the statements of prosecutrix recorded under Section 161/164 Cr.P.C. clearly go to show that the same are neither shrouded in obscurity or uncertainty. They are of impeccable character. On the above premise, he submits that the no interference is warranted by this Court in present application.

When confronted with above, the learned counsel for applicant could not overcome the same.

As a result, present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 16.3.2023

Vinay