Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Ghanshyam Kumar, 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 12.10.2023 passed by the learned Additional District and Sessions Judge/ Special Judge POCSO Act, Jalaun at Orai, in Criminal Case No.55 of 2016 (State Versus Ashok Singh and others), under Sections 363, 366, 376 IPC and 7/8 POCSO Act, Police Station Kotwali Orai, District Jalaun.
3. The prosecution story is that the complainant has given a written report at concerned police station on 10.05.2016 at about 02:00 A.M. stating therein that the victim is aged about 17 years. Complainant heard his niece (Bhanji) talking to someone on the mobile on which the complainant scolded her. On 10.05.2016 morning, his niece went somewhere along with her cloths, ornaments, cash and all the educational certificate and when the complainant checked the same, he found a message on her mobile and thereafter he made her search but all in vain. Thereafter Mohd. Irfan Ansari told the complainant that he saw his bhanji at Bus Stand with Ashok Singh and his friend Harshit Awasthi. On the basis of the aforesaid, first information report of the present case was lodged and the investigating officer after due investigation has submitted charge sheet.