Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Krishna Manohar Tiwari, learned AGA appearing for the appellant-State of UP and perused the record.
2. Present government appeal has been preferred against the judgement and order dated 22.08.2009 passed by the Additional Sessions Judge, Court No. 8, Moradabad, in Sessions Trial No.615 of 2007 (State of U.P. Vs. Ateek), arising out of Case Crime No. 8 of 2005, under Sections 376, 342, 506 IPC, Police Station Mudhapandey, District Moradabad.
3. The prosecution story is in brief is that on 20-5-05 at around 12-00 pm, she was going to her maternal home in Masoompur Dilari to meet her mother. Ateek was also sitting in the bus. She told him that she was going to her home in Masoompur. Victim got down at Tirsya junction to catch another bus, and Ateek also got down there. Accused Ateek told her that he had some work in Moradabad and he would drop her after returning. Being a local, she believed him. He took the victim with him to village Barwala. There he kept her locked up in Anwar’s house for 5-6 days. Ateek raped her several times in the room. He used to say by showing a gun that he would kill her. Then he took her from village Barwala to Praanklear where he kept her in a hotel and raped her there too. Somehow she escaped from there and told everything to Adhi and her husband. They reported the incident to the police station. But no action was taken. An application was given to the Superintendent of Police. Then an application was given by him under section 156(3) CrPC. On the basis of the application of the complainant exhibit-2- First information report was registered. During the investigation, Vivek had allegedly lost the funds and a charge-sheet was submitted as exhibit-3.
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