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*** ―From the perusal of the statement, MLC and circumstances, the offence punishable u/s 376 IPC was found to made out, hence the case was registered under the above mentioned section and conducted the investigation.‖ *** ―Thereafter in the night of 13.02 .2023, SI Sangeeta alongwith HC Sunil NO.8091NW & Ct. Dharmender No. 2299/NW after obtaining the permission from the senior officers in the case reached to the house of alleged at B-57, Rail Nagar, Sector-J, Lucknow, UP, where alleged Divyansh Bajpai S/o Kaushal Kumar Bajpai met, who was interrogated by SI Sangeeta and he was apprehended and after giving information in the concerned police station, he was brought alongwith staff in Delhi and after detail interrogation of the abovenamed accused, having belief on the collected evidences, accused was arrested in the above noted case and information about the arrest of accused was given to the uncle of accused namely Anil Kumar.‖ *** ―During investigation, SI Sangeeta got conducted the potency test of accused Divyansh Bajpai from BSA Hospital vide clinical examination NO.2012023 dated 14.02.2023, on which the doctor opined that "There is nothing to suggest that the person examined is incapable of performing sexual intercourse.

If required, further opinion may be give after receipt of abovementioned investigation". Potency test report of accused is annexed to the case file.‖ *** ―Thereafter SI Sangeeta got recorded the statement of victim U/s 164 Cr.P.C. before the Hon'ble Court, which are as follows, ―A boy namely Divyansh Baijpai, who is my relative. Since 2009, there started talking between us. Since 2009 to 2019, we used to talk on phone and used to meet in the family function. We were in long distance relationship. In the year 2019, Divyansh shifted to Gurugram. He had switched his job. Then Divyansh used to come from Gurugram to Pitampura to meet. Whenever Divyansh used to come to meet, he kept on touching me. I told Divyansh for commitment. In June 2019, Divyansh committed me that he will marry me. Thereafter there started making physical relations between Divyansh and me. He every time promised to marry me and intimate kept continuing. Due to covind period, Divyansh went to his house. During that period also, we were committed on video call or chats. On 01 December 2020, my mother had passed away, this time also Divyansh promised me that I will marry you.‖ *** ―Whenever I asked him for marriage, then Divyansh always assured me that "TUM JO BHI RISHTE AA RAHE RAIN UMNE MANA KAR DO AUR MEREPAAS JO AYENGE UNHE MAIN MANA KAR DUNGA." When our family members would not get any suitable match for us, then our family members will get solemnized our marriage. On 04 November 2022, one marriage proposal came for me but I refused for the same. On the same day, I made phone call to Divyansh and requested him that now I have tired and when you marry me? Divyansh told me that you come, we will go to marry. Thereafter he booked cab for me and I went to Gurugram. Thereafter Divyansh did not allow me to come to his home and he met me outside and kept on wondering me. Then Divyansh told that ―AGAR TUM CHAHTE HO KI HAMARI SAMAJIK SHADI HO TO TUM GHAR CHALI JAO MAIN LUCKNOW JAKAR PAPA KO MANA KE AATA HOON.‖ He also told me that it will take some time, please don't call me. Thereafter I stayed in the house of my sister.‖ Copy of the same is annexed, to the case file. The complainant in it fully supported her complaint.‖ *** ―During investigation, SI made Mr. Shubham Bishnoi *** owner of Flat N.401 ,G-506, Near MKM Market, Sec-57, Gurugram, Haryana and he was interrogated and whichever told by him, his statement U/s 161 Cr.P.C. was recorded separately, which is as follows:- ―It is stated that I reside at the above mentioned address with my family and engage in the business of renting out the property by taking on lease, which is annexed to the case file. Flat N.401, 0-506, Near MKM Market, Sec-57, Gurugram, Haryana is of mine flat. Divyansh Bajpai and ―K‖ came to see my flat in April 2022 and they made phone call to me on my contact number mentioned outside. And they told me that we will check after staying here for some time and if we like it, then we will stay here. At that time, they both stayed at my flat for 5-6 days. Divyansh told that ―K‖ is his wife. Thereafter they went back. Then Divyansh Bajpai & ―K‖ came in June and they took my flat on rent. They stayed here till November. K came to the flat of Divyansh on weekend and stayed for 2-3 days. I came to know from the cleaning boy of my flat that they used to quarrel a lot with each other. At that time, the people stayed here on rent, they had left by vacating the flat.‖ *** ―The investigation till date, ample evidences i.e. complaint of victim, statement U/s 164 Cr.P.C., statements U/s 161 Cr.P.C. and interrogation of accused, have been collected against accused Divyansh Bajpai, challan U/s 376 IPC was prepared against accused Divyansh Bajpai S/o Sh. Kaushal Kumar Bajpai. Now accused Divyansh is on court bail. The accused through notice and the witnesses through summon be served.‖

46. During the course of the investigation, the petitioner was arrested pursuant to which, his interrogation and potency tests were conducted, confirming his capability to engage in sexual intercourse. The complainant‟s statements under Sections 161 and 164 CrPC were recorded, wherein she consistently reiterated that she engaged in physical relations with the petitioner due to his assurances of marriage, which were not fulfilled.