JAGDISH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Abhishek Yadav, learned Counsel for the revisionist and Mr. Vinod Kant, the learned Additional Advocate General assisted by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate on behalf of the State of Uttar Pradesh.

(2.) This revision has been preferred, challenging an order dtd. 4/12/2020 passed by the Additional Sessions Judge (POCSO Act), Chandauli, in Misc. Case No. 287 of 2020 (arising out of Case Crime No. 73 of 2020) under Sec. 363 of the Indian Penal Code, 1860 [for short "the Penal Code'], Police Station - Balua, District - Chandauli.

(3.) It appears that the said case had arisen on an application made by the first informant, seeking a direction to the Superintendent of Police, Chandauli to undertake further investigation. This application has been made at a stage when Sessions Trial No. 73 of 2020, arising from the First Information Report giving rise to the crime, is pending on the basis of cognizance taken of a charge-sheet submitted by the Investigating Officer, charging opposite party no. 2 Sonu Kumar Gaud alone of offences punishable under Ss. 363, 366, 376 of the Penal Code and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012. However, the Investigating Officer exculpated the other co-accused opposite party no. 3, Satish Kumar Gaud and co-accused Sonu Kumar Gaud, against whom, offence of gang rape, punishable under Sec. 376-D of the Penal Code, has been alleged by the prosecutrix, as would appear from her statement under Sec. 164 of the Code of Criminal Procedure, 1973 [for short "the Code ] recorded by the Magistrate. The Trial Judge, before whom the application seeking a direction to further investigate the case was made, has rejected it by means of the impugned order, on the reasoning that the Police, after investigation, have submitted a charge-sheet in the case against one of the accused. In the opinion of the Trial Court, the Investigating Officer has taken into consideration the statement of the prosecutrix under Sec. 161 of the Code, her additional statement also under Sec. 161, her statement under Sec. 164, statement of the informant under Sec. 161, besides the medico-legal report and the school-leaving certificate, both relating to the prosecutrix, while submitting a charge-sheet against opposite party no. 2 alone and exculpating opposite party no. 3.