GULAFSA BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record.

(2.) This Criminal Revision has been filed challenging the judgment and order dtd. 25/6/2021 passed by the learned Additional Sessions Judge, (POCSO Act), No.12, Sultanpur, passed in Criminal Appeal (Juvenile) No.19 of 2021, relating to Case Crime No.360/2017, under Ss. 376, 504, 506 IPC and Sec. 3/4 POCSO Act, Police Station Kotwali Dehat, District Sultanpur.

(3.) It has been submitted by the learned counsel for the revisionist that on 17/12/2017 the First Information Report of Case Crime No.360/2017, under Ss. 376, 504, 506 IPC and Sec. 3/4 POCSO Act, Police Station Kotwali Dehat, District Sultanpur, was lodged by the revisionist against the opposite party nos.2 and 3 and other co-accused that the daughter of the revisionist aged about 14 years was raped seven months ago as a result whereof she became pregnant. When the revisionist got information of her daughter's pregnancy they tried to marry her with the opposite party no.2 but the father of the opposite party no.2 denied such proposal. The revisionist and her associates told the father of the opposite party no.2 that if the child is not aborted they would have to face dire consequences. The Investigating Officer after recording the statement under Ss. 161 and 164 Cr.P.C. filed Charge-sheet on 13/6/2014 in the Court of Chief Judicial Magistrate, Court No.17, Sultanpur, against the opposite party no.2 and two persons. With regard to the other accused in the F.I.R. investigation is pending till date and they have not been arrested as yet. Later on, the opposite party no.2 was declared juvenile and the Trial was transferred to the Juvenile Justice Board, Sultanpur. After examination-in-chief and cross- examination of prosecution witness as PW-1 i.e. the revisionist and PW-2 i.e. the victim her daughter, a date was fixed for examination of other prosecution witnesses.