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Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal).
1. Heard Sri Jai Narayan, 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 25.02.2025 passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Court No.-2, Muzaffar Nagar in Sessions Trial No.-1191 of 2019 (State of U.P. Vs. Zahoor and others) arising out of Complaint Case No. 829/9 of 2016 under Section 376D, 506, 120B IPC, PS- Nai Mandi, District- Muzaffar Nagar.
3. Prosecution story, in brief, is that on 02.09.2014 at about 10 A.M. the victim went to her field to get fodder. Then Zahoor, Munsif, Liyaqat and Walees of the village saw the victim alone in the field and Zahoor and Walees caught hold of the victim with bad intention and dragged her to the fodder field nearby. Liyaqat and Munsif kept guard outside the field and Zahoor and Walees committed rape upon the victim. Walees said that if she makes noise, he would shoot her. When the victim protested, both the accused beaten her and attacked her face and body. The bangles of victim was broken on the spot. Then Mrs. Mehraj wife of Noor Mohammad came to the field and asked Lilyaqat and Munsif why they were standing on our field. The Munsif called Walees and Zahoor to leave the victim and run away. Mrs. Mehraj raised an alarm and all the four accused persons ran away. Then the victim also started crying, Mrs. Mehraj hold the victim and put clothes on her. There are marks of injuries inflicted by the accused persons on the victim’s body. Then other people also came to the spot. On the basis of aforesaid incident, first information report was lodged against the above accused persons and on the basis of evidence the Investigating Officer has submitted final report, upon which protest petition was filed two times, upon which the case was converted into complaint case and learned Magistrate has summoned the accused persons to face the trial in the court below.
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