Court No. - 71
Case :- CRIMINAL APPEAL No. - 5389 of 2019 Appellant :- Gajendra Singh @ Veer Abhimanyu Singh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Vikas Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Jai Singh Parihar, Advocate has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for the appellant, learned AGA for the State as well as Sri Jai Singh Parihar, learned counsel for the first informant and perused the record.
This criminal appeal has been filed by the appellant with the prayer to quash the impugned judgment and order dated 18.07.2019 and Charge- Sheet as well as entire further proceedings of Case Crime No. No.96 of 2018 (State Vs. Gajendra Singh @ Veer Abhimanju Singh), under Sections 354(Kh), 506 IPC and Sections 3(1)(2)(5)(a), 3(1)Ba(1) of SC/ST Act, Police Station Dhata, District Fatehpur.
As per the allegations made in the FIR, it is alleged that on 25.06.2018 at about 7:00 AM, the appellant forcibly dragged the informant's daughter and tried to commit rape upon her and on alarm being raised, the appellant abused her with the name of her caste with an intention to humiliate and intimidate her and also tried to assault her.
Learned counsel for the appellant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the appellant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA as well as Sri Jai Singh Parihar, learned counsel for the first informant has drawn the attention of the Court towards the statement of the victim recorded under Section 164 CrPC, in which, it has been specifically stated that the appellant forcibly dragged the victim and committed rape upon her. It is next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the appellant and as such, impugned order cannot be quashed.
Moreover, at this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the impugned order and charge-sheet is therefore refused.
However, it is directed that if the appellant appears/surrender before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this criminal appeal is finally disposed of.
Order Date :- 22.8.2019 Nadim