STATE OF UTTAR PRADESH Vs. PRAHLAD VARSHNEY

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this Government Appeal is to the impugned judgment and order dated 29.8.2019 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Court No.1, Etah in P.S.T. No.02 of 2014 ( State of U.P. vs. Prahlad Varshney ) acquitting the accused respondent of the offences under Sections 376 , 506 of IPC read with Section 4 of POCSO Act and 3 (2) (v) of SC/ ST Act .

(3.) Brief facts of the case are that on 8.10.2013, written report (Ex. Ka.1) was lodged by Smt. Manju, mother of the prosecutrix, alleging in it that on 30.9.2013, her daughter aged 15 years was subjected to forcible sexual intercourse by the accused-respondent. She has alleged that on 30.9.2013 at 6:00 pm, her daughter had left her house to attend the call of nature; when she did not return, she was searched and on the next morning, it was informed by one Jaipal that he had seen the prosecutrix in the company of the accused-respondent. In the FIR, it has been further alleged that prosecutrix had informed her family members that the accused-respondent took her inside his shop and whole night, she was subjected to rape by him. Based on this FIR, offence under Sections 376 , 506 of IPC; Section 4 of POCSO Act and Section 3 (2) (xii) of SC/ ST Act was registered against the accused-respondent.