PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:

The present appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred as the 'Code') against the judgment and order dated 09.01.2023 passed by Additional Sessions Judge-VII, Bhojpur at Ara in Sessions Trial Case No. 311 of 2021 arising out of Mahila P.S.Case N. 99 of 2020, whereby and where under the accused Amarendra Singh and Tadpu Singh were acquitted of the charges framed under Section 376 IPC and Sections 3 & 4 of the Dowry Prohibition Act.

2. The prosecution case, in brief, as stated in the FIR by the informant, namely, Shikha Kumari, is that the informant's family was having good friendship with the family of Nachak Singh and during the said friendship, the informant was introduced with a person, namely, Amarendra Singh. The informant had regular talking terms with Amarendra Singh through mobile and during the said conversation Amarendra Singh assured to marry her without any dowry. The family of both the parties were agreed for the said marriage. Amarendra Singh was posted in the Indian Navy at Delhi and he called the informant to Delhi on the pretext of marriage, Accordingly, on 17.10.2020 the informant went to Delhi, where Amarendra Singh took the informant to his room and told her to be refreshed and when she came back, Amarendra Singh started pressurizing her to have sexual intercourse and Amarendra Singh forcibly made sexual relation about 5-6 times on that day with the informant, against her will. Amarendra Singh has given false assurance of marriage to informant and asked her not to tell about the incident to anyone else. On next day, the informant was dropped at his friend's house by Amarendra Singh and on being called by the informant, she was sent back home via railway. The informant stated the whole incident to her relatives. The informant's family told the entire incident to the father of Amarendra Singh, namely, Tadpu Singh and after hearing the whole incident, he told the informant's family that if they will give Rs.20/- lakhs and a four-wheeler to him then he will marry his son with the informant. The informant's relatives expressed their inability to give dowry, then Amarendra Singh's father refused for the marriage and threatened informant's relative to do whatever they want.

3. On the basis of the application of informant before the S.P. Bhojpar at Ara, it was forwarded to SHO, Mahila police station for FIR and accordingly, it was registered as Mahila P.S. Case No.99 of 2020 on 20.12.2020 under section 376 of the IPC and under section 3 and 4 of Dowry Prohibition Act against the accused persons namely Amrendra Singh and Tadpu Singh. After investigation, charge-sheet no. 14 of 2021 has been submitted by investigating officer of this case No.14 of 2021 dated 31.03.2021 against both accused persons under Section 376 of the IPC and section 3/4 of Dowry Prohibition Act.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxMDcwIzIwMjMjMSNO-OV4--ak1--KNnSFco=

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