AMARJEET Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned order dated 14.2.2020 passed by Additional Session Judge, Hapur in Special Session Trial No. 89 of 2018 (State Vs. Amarjeet @ Kaluwa and others) under sections 302, 307, 201, 376D, 394, 411 and 120 IPC and section ¾ POCSO Act, 2012 arising out of Case Crime No. 438 of 2018, Police Station Hapur Dehat, whereby the application ( No. 22/1) dated 10.01.2020 of the applicant moved under Section 311 Cr.P.C. for recalling PW-5 Nitin (injured witness) has been rejected.

(2.) Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Mohd. Afzal, learned counsel for the applicant, learned A.G.A. for the State, and Sri Pradeep Singh Sengar, learned counsel for the opposite party no. 2. Perused the record.

(3.) The facts as reflect from the record are that opposite party no. 2 had lodged an FIR to the effect that on 05.09.2018 in the morning when he had gone to bring fodder from his field and his wife and son Himanshu had gone to Delhi due to some work, his daughter/victim aged about 12 years and son Nitin aged about 10 both were at home. At about 1.30 p.m. his nephew Lalit gave an information to the informant that Nitin has received some knife injury at his neck. Getting this information, he reached home and did not find his daughter there. Soon thereafter, he reached Nandani Hospital, where his son Nitin was admitted, on regaining consciousness, his son has disclosed that co-accused Ankur Teli and Sonu @ Pauwa were committing rape upon her sister and when he raised alarm, they had caused injury on his neck by knife and thereafter he concealed himself in the house. When he regained consciousness, he found himself in hospital. When informant reached at home along with police, he found the entire house hold goods scattered all over the place and jewellary etc. was missing. When police party made search of his daughter, her dead body was found in naked and dead condition in the room beneath straw. On this information, Case Crime No. 438 of 2018 was registered against the co-accused Ankur Teli and Sonu @ Pauwa at P.S. Hapur Dehat, District Hapur on 05.09.2019 at about 20.05 hours.