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Showing contexts for: causing miscarriage in Zabid vs State Of U.P. And 3 Others on 22 September, 2023Matching Fragments
1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Gaurav Nishad, learned counsel for informant and Sri Imran Khan, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 151 of 2023, under Sections 376(2)n, 313, 504, 506 IPC & 5L/6 POCSO Act, Police Station- C.B. Ganj, District- Bareilly, during pendency of the trial in the court below.
3. FIR of the present case was lodged against applicant and his father on 14.06.2023 and according to the FIR, applicant for last one year was sexually exploiting the minor daughter of the informant aged about 16 years under the false promise of marriage and on 12.06.2023 applicant and his father flatly refused to perform marriage of the applicant with the victim. It is further mentioned in the FIR that applicant also caused miscarriage of the victim.
4. Learned counsel for the applicant submitted that entire allegation of sexual exploitation and miscarriage made against the applicant is totally false and baseless and actually victim and applicant were having love affair but unfortunately their marriage could not be solemnized and therefore, after one year FIR of the present case was lodged totally on the basis of false allegation of sexual exploitation.
5. He further submitted that although, there is allegation against the applicant that he caused miscarriage to the victim but no charge-sheet was filed against the applicant under Section 313 IPC as according to the doctor, he did not find any sign of miscarriage of the victim.
9. I have heard learned counsel for the parties and perused the record of the case.
10. Although, from the record, it reflects that at the time of incident victim was around16 years' old but applicant was also around 19 years' at the time of incident, therefore, it appears to be a case of teenage love and FIR of the present case was lodged after about a year. Further, although, there was allegation of causing miscarriage of the victim against the applicant but the allegation of miscarriage was found false during investigation, therefore, charge-sheet was not filed under Section 313 IPC.