LALLA @ ARJUN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist as well learned A.G.A. and perused the record.

(2.) The present revision has been filed for quashing the order dated 05.03.2018 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Court No.5, Barabanki in Criminal Appeal No.78 of 2018 as well as the order dated 18.12.2017 passed by the Juvenile Justice Board, Barabanki in Criminal Appeal No.87 of 2017.

(3.) Learned counsel for the revisionist submitted that on the basis of concocted facts, impugned proceeding was initiated against him by lodging the F.I.R. No.141 of 2017, under Sections 363, 366, 506 I.P.C., P.S. Tikait Nagar, District Barabanki. She further submitted that as per the F.I.R., the prosecution case is that the prosecutrix was kidnapped by the applicant and other accused persons and thereafter, search was made by the opposite party No.2 and her husband and threat was also given to them by the accused persons, then the F.I.R. was lodged on 26.04.2017 in relation to the incident dated 21.04.2017. She further submitted that the prosecutrix was recovered on 05.05.2017 alongwith the revisionist and her statement under Section 161 Cr.P.C. was recorded by the Investigating Officer on the same date (appended as annexure No.2 to the revision), in which she categorically stated that on 21.04.2017 in the midnight, she went to the house of revisionist by making an excuse that she was going to ease her, then she called the revisionist and both went to Niyamatganj and stayed there till the night. On the next date, they went to Dariyabad by train and reached Balia, where they entered into the marriage, thereafter, it came into their knowledge that police is harassing the family members of the revisionist, then they again came back and recovery was shown by the police.