Court No. - 33
Case :- APPLICATION U/S 482 No. - 38227 of 2018 Applicant :- Narain Das Agarwal @ Babu Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratnesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicants; learned AGA for the State and perused the record.
The instant application has been filed for setting aside the order dated 19th July, 2018, passed by ACJM Court No.2, Varanasi in Case No.798 of 2012 (Sunita Devi Vs. Sanju and others), by which application of the applicants seeking discharge has been rejected.
A perusal of the record would reveal that the victim Sunita Devi has specifically levelled allegations against the applicants that she was lifted from her room and taken forcibly by stuffing cloth in her mouth and thereafter she was assaulted and her modesty was outraged. The allegations have been supported by her own statement recorded under section 200 CrPC as also of witnesses recorded under section 202 CrPC.
Learned counsel for the applicants have sought to challenge the credibility of the witnesses by claiming that they are residents of far off places and therefore they could not be witness of the incident.
Be that as it may, at the stage of discharge what is to be seen is whether material is there on record to frame charge and proceed further against the accused by holding trial. At this stage, the credibility of the material/evidence is not to be tested with a view to find out whether ultimately the matter would result in conviction or acquittal because evidence has to be tested during the course of the trial once it is led.
In view of the above, I do not find any good reason to interfere with the order rejecting the discharge application. The application is dismissed.
Order Date :- 27.10.2018. Rks.