KALLU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal challenges the order dated 14.5.2013, passed by Sri R.A. Kaushik, learned Sessions Judge, Mathura in Criminal Misc. Case No. 163 of 2012, whereby the appellants have been convicted under section 344 Cr.P.C. and each had been sentenced to undergo one month's imprisonment.

(2.) Heard Sri S.R. Verma and Sri A.K. Verma, Advocates on behalf of the appellants, learned AGA for the State and perused the impugned order as also the papers filed along with the appeal and placed by the counsel for the appellants during the course of hearing.

(3.) The facts as culled out from the impugned order are that appellant no. 1 submitted a written report against the five named and two unknown persons for kidnapping his 13-years old daughter (appellant no. 2) on 23.5.2012 at about 8.00 p.m. The victim was recovered on 24.5.2012. Her statements under section 161 and 164 Cr.P.C. were recorded, wherein inter alia she levelled allegations of gang rape against the named accused persons. The investigation ended in charge sheet against the accused persons and the case was committed to the Court of Session, being S.T. No. 499 of 2012. Learned Sessions Judge framed charges under section 363, 366 and 376 IPC against Taib, Shakeel, Badshah and Akbar alias Anwar. The prosecution in support of its case had examined appellant no. 1 as PW-1, appellant no. 2 as PW-2 and appellant no. 3 as PW-5. Two other witnesses of fact were also examined in the Court of Session and all of them did not support the prosecution story and were declared hostile by the State counsel. The learned Sessions Judge vide judgment dated 21.12.2013 has acquitted the accused persons for the charges levelled against them and has further held that the appellants have fabricated false evidence and have given false evidence, so a case under section 344 Cr.P.C. be registered and show cause notices be given to them.