Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Rahul Asthana, 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 29.03.2022 passed by the Additional Sessions Judge / Special Judge (POCSO Act), Court No. 1, Bareilly, in Special (POCSO) Case No.10 of 2020 (State of U.P. Vs. Zeeshan), arising out of Case Crime No. 154 of 2018, under Sections 363, 366, 376(2)N IPC and Section 6 POCSO Act, Police Station Hafizganj, District Bareilly.
3. Prosecution story, in brief, is that on 10.04.2018 at 4:00 PM, the wife of the plaintiff and her elder daughter had gone to the market to buy groceries and the plaintiff was selling vegetables in the market. At that time, the minor daughter of the plaintiff, the victim, aged 15 years, was alone at home. When the wife of the plaintiff returned home, the victim was not at home. She went to the room and found that the locker was open and the jewellery and Rs. 45,000/- kept in it were missing. When the father was searching for her, Kallu son of Tunni of the town told that at around 4:30 PM, he saw Zeeshan and Nizamuddin taking the victim in a Maruti Van towards Bhojipura canal. The plaintiff inquired for two days and got the confirmed information that Zeeshan and Nizamuddin had enticed and kidnapped the minor victim. After this, the plaintiff went to the police station and wrote a report and requested for legal action. On the basis of the handwritten complaint of the said case (Exhibit A-1) and the information report (Exhibit A-3), the Station House Officer, Hafizganj Police Station, Bareilly registered a case against the accused Zeeshan and Nizamuddin at Hafizganj Police Station under Sections 363 and 366 of the Indian Penal Code, which was entered in the legal case GD (Exhibit A-4).