STATE OF U.P. Vs. MANKESHWAR

JUDGEMENT

(1.) Heard learned A.G.A. for the State and perused the judgment and order impugned.

(2.) The State has felt aggrieved as accused-respondent, Mankeshwar son of Ram Murat alias Bawali who was charged for commission of offences under Ss. 363, 366, 376 of Indian Penal Code, 1860 (in brevity 'IPC') and also under Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 (in brevity 'POSCO Act') in Sessions Trial No.91 of 2020 has been acquitted by the Special Judge (POSCO Act), Azamgarh vide order dtd. 5/8/2021.

(3.) The prosecution story as it unfurls from the record is that prosecutrix, the daughter of the complainant, when she was studying in class 11, the accused enticed her away. The incident occurred on 11/11/2019 when the prosecutrix/victim had gone to school. The accused even threatened them with dire consequences, but unperturbed by the dire consequence, the complainant lodged First Information Report on 25/12/2019 for commission of the aforesaid offences. The accused, having been committed to the Court of Sessions, denied the prosecution allegation and claimed to be tried. In order to prove its case, the prosecution examined prosecutrix (P.W.1), Brijbhan, complaiant, (P.W.2), Shiv Prashad Mishra (P.W.3), Chandra Shekhar Yadav (P.W.4), Radhika Yadav (P.W.5), Dr. Roshan Ara (P.W.6) and Dr. Dharmendra Kumar Singh (P.W.7). The prosecution also filed documentary evidence so as to bring home the charges levelled against the accused-respondent.