Allahabad High Court · 2026-03-20
APPLICATION U/S 528 BNSS No. 11125 of 2026 at Allahabad
- Citation / case number
- APPLICATION U/S 528 BNSS No. 11125 of 2026 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- APPLICATION U/S 528 BNSS No. 11125 of 2026 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11125 of 2026 Adesh Yadav .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Krishna Dutt Awasthi Counsel for Opposite Party(s) : G.A. Court No. - 78 HON'BLE AVNISH SAXENA, J. 1. Shri Krishna Dutt Awasthi, learned counsel for the accused applicant appeared and submits that the FIR of rape has been lodged by opposite party no. 2 against the accused applicant, who is relative, on 20.04.2017 for the incident of rape committed on 16.04.2017 at 2:30 p.m. in the house of the victim. Learned counsel submits that the accused applicant is innocent and has not committed the offence of rape on his sister-in-law. Further submits that the victim though stated in her statement under Section 164 CrPC against the accused applicant but subsequently during the trial she became hostile. The substance of her becoming hostile have been entered in paragraph no. 13 of the affidavit accompanying the application. He further submits that there was a dispute regarding the money transactions in the shape of personal loan, the claim of which let to the lodging of the false FIR. He has drawn th