Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Krishna Manohar Tiwari, 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 03.12.2021 passed by the learned Additional District and Sessions Judge/ Special Judge POCSO Act, Amroha, in S.S.T. No.63 of 2014 (State of U.P. Versus Rustam), arising out of Case Crime No.256 of 2014, under Sections 363, 366, 328, 342, 376, 506 IPC and 3/4 POCSO Act and Section 3(2) V SC/ST Act, Police Station Gajraula, District Amroha.
3. The prosecution story is that the complainant has given a written report at concerned police station stating therein that his daughter/ victim aged about 15 years, who is a student of Class-7 was missing on 11.05.2014 at 04:00 P.M., thereafter search was made but all in vein. On 17.05.2014 informed on phone that she is present at Gajraula Chaupala and when the complainant reached there and she stated weeping that Ishrat and Rustam have enticed away by threatening and in unconscious position. When she came in conscious she found herself in a room, where Rustal and Furkan were committing rape upon her as usual and they were wishing to sell her somewhere in Mewat but she any how fled away from there. 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.