ARTI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Vivek Kumar Singh, learned counsel for applicant, in support of prayer made in present application that impugned summoning order dtd. 29/9/2021 passed by Additional Sessions Judge/Special Judge (POCSO Act), Jaunpur be set aside, has submitted that an application was filed under Sec. 156(3) Cr.P.C. by the complainant which was considered as a complaint case by an order dtd. 20/3/2018. Thereafter, the statement of complainant (father of victim) was recorded under Sec. 200 Cr.P.C. and the statements of witnesses including victim, a minor boy aged about 8 years at the time of alleged occurrence, were recorded and after consideration thereupon, the impugned summoning order was passed.

(2.) Learned counsel has submitted that on the basis of above material, prima facie case is not made out against applicant. The impugned order is bereft of requisite opinion that there were sufficient ground to proceed against the applicants.

(3.) Learned counsel further submitted that the nature of allegations are improbable so much as the applicant being a lady could not make such act as well as the victim has not narrated any act of sexual assault whereas the complainant (father of victim) has narrated version as told by the victim which appears to be exaggerated. Therefore, the summoning order as well as further proceedings may kindly be quashed.