Court No. - 49
Case :- CRIMINAL REVISION No. - 2871 of 2018 Revisionist :- Ali Mohammad Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Amit Kumar Verma, Advocate has filed his Vakalatnama on behalf of the opposite party no. 2 today, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 04.08.2018 passed by the Addl. District and Session Judge/Fast Track Court No. 1, Moradabad in Session Trial No. 23 of 2018 (State Vs. Mohammad Nazim), arising out of Case Crime No. 292 of 2017, under Section 376 I.P.C., Police Station- Asmauli, District- Moradabad by which the applicant has been summoned under Section 319 Cr.P.C.
Learned counsel for the applicant submits that the victim has changed her mind and has got recorded a completely false testimony during trial. In this regard, it is first submitted that the victim along with main accused Nazim had approached this Court by means of Writ - C No. 19504 of 2017 and represented that she had married the said Nazim of her own free will. A similar statement was recorded under Section 164 Cr.P.C. Reference has also been made on the Nikahnama executed between those parties. In such circumstances, it is submitted that false allegations have been made by the victim and the informant during the trial of the applicant having committed rape on the said victim.
At present, it appears that during trial, the victim has not only made allegation of commission of rape by the applicant but has given details leading to the same. In such circumstances, it is difficult to sustain the challenge being raised by the applicant, at this stage.
However, it will remain open to the applicant to lead all evidence in defence and seek cross-examination of the said prosecution witness who are claimed to have apparently lied.
In view of the above, the present criminal revision is disposed of. Order Date :- 29.8.2018 Abhilash