Court No. - 27 Case :- APPLICATION U/S 482 No. - 34519 of 2009 Petitioner :- Awadhr Ram Yadav Respondent :- State Of U.P. And Another Petitioner Counsel :- Smt. Kamla Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Heard Mrs. Kamla Singh, learned counsel for the applicant, learned AGA for
the State and perused the record.
Mrs. Singh argued that even if all the allegations as contained in the FIR are
accepted to be true and the evidence so far collected by the I.O. are also
accepted to be true, the case cannot fall u/s 376 read with 511 I.P.C. It is
because of the fact that there is no evidence on the record to show that the
applicant ever attempted to penetrate his male organ into vaginal part of the
victim, which is sine-qua-non for the formation of the above offences.
Issue notice to respondent no. 2.
Both the respondents may file counter affidavit within two weeks. Rejoinder
affidavit, if any, may be filed within one week thereafter.
List thereafter.
Till then the proceedings of Case No. 193 of 2009 arising out of Case Crime
No. 243 of 2009, u/s 376, 511 I.P.C. Police Station Kaptanganj, District
Kushi Nagar, shall remain stayed.
Order Date :- 21.1.2010
Pcl