Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Anuj Kumar Mishra, 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 02.12.2021 passed by the learned Additional District and Sessions Judge/ Special Judge (POCSO Act, 2012), Amroha, in Special Sessions Trial No.130 of 2018 (State Versus Deepak), arising out of Case Crime No.234 of 2018, under Sections 363, 376 IPC and Section 3/4 POCSO Act, Police Station Naugawa Sadat, District Amroha.
3. The prosecution story is that the complainant Rishipal gave a tehrir to the concerned Police Station alleging therein that on 20.08.2018 at about 05:00 Hrs the victim / daughter of complainant aged about 15 years was enticed away by the accused Deepak and this incident was witnessed by Bheem Singh and Priyant Kumar, who had given information to the complainant. Thereafter the complainant searched his daughter but she could not be traced out. On the basis of the aforesaid tehrir, the first information report was lodged against the above accused persons and after lodging the first information report, the investigating officer started investigation and after completing all the formalities and collecting sufficient material evidences submitted charge sheet against the accused respondent.