STATE OF U. P. Vs. VIJAY KUMAR

JUDGEMENT

(1.) We have heard learned Additional Government Advocate for the State and gone through the record available before us.

(2.) By means of the present application under Section 378(3) of the Cr.P.C., the State has sought leave to appeal to assail the judgment and order dated 23.12.2020 passed by the learned Additional District & Sessions Judge/Special Judge POCSO Act, District Ambedkarnagar, whereby the learned trial court has acquitted the accused-Vijay Kumar, who is opposite party No.1 in the instant case, for the offence under Sections 363, 366, 376(1), 354 of the I.P.C and Sections 3A/4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The case of the prosecution as unfolded during trial is that the first informant-Vinod Kumar Sharma lodged the written report, Ex. Ka-1, at Police Station Ibrahimpur, District Ambedkarnagar on 19.11.2013 stating therein that his niece/victim is aged about 15 years. She is a student of class-10th. On 17.11.2013 at about 11.00 AM, she was abducted by Mangal, Vijay, Ram Sewak, Suraj and Vivek, who are residents of his colony, while the victim was going to attend her tuition. Thereafter, she could not be traced till evening, therefore, by submitting the written report, Ex. Ka-1, the first informant-Vinod Kumar Sharma prayed for taking appropriate action against the guilty persons.