Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Jai Narain, learned AGA appearing for the appellant-State of UP and perused the record.
2. Present government appeal has been preferred against the judgement and order dated 23.11.2021 passed by the learned Additional District and Sessions Judge/ (POCSO Act), Court No.3, Bulandshahr, in Session Trial No.233 of 2017 (State of U.P. Versus Raju @ Rajkumar and others), arising out of Case Crime No.346 of 2017, under Sections 376D, 120-B, 504 IPC, Police Station Narsaina, District Bulandshahr.
3. The prosecution story is that the complainant/ victim aged about 29 years, resident of village Kariyari, District Bulandshahr has given a written report at concerned police station stating therein that on 14.12.2006 she was sitting alone at her house at about 7 O’Clock in the night, one boy, namely, Sanjay came to me and told that his mother was calling her, then she went there because her gas cylinder was also kept there. She found two persons Sachin and Naren belonging to the same village sitting there in intoxicated condition. All the three accused persons had raped her in Vidhya Devi’s house. On the basis of the aforesaid, first information report of the present case was lodged and the investigating officer after completing all formalities, collecting sufficient material evidence has submitted charge sheet.