UPENDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ravikant Shukla, learned counsel for the revisionists, Sri Manvendra Singh, learned counsel for the opposite party no.2 and learned AGA for the State.

(2.) By way of present revision, revisionists, who are two in numbers, have challenged the order dtd. 4/2/2023 passed by the learned Additional Sessions Judge/Special Judge (Rape and POCSO Act), Court No.1, Fatehpur in Special Sessions Trial No.101 of 2019, by which application of first informant (father of victim) under Sec. 319 Cr.P.C. was allowed and revisionists were summoned under Ss. -506 and 376 D IPC read with Sec. -7/8 of Protection of Children From Sexual Offences, Act 2012 to face the trial.

(3.) Contention of learned counsel for the revisionists is that for the incident dtd. 25/2/2019, FIR was lodged on 6/3/2019 by the father of victim under Ss. -363, 366 and 506 IPC in Case Crime No.83 of 2019 at Police Station-Bindki, District-Fatehpur, making allegations that co-accused, Pawan Raidas enticed away his 13 year daughter Renu Devi and present revisionists also helped him in the aforesaid crime. During investigation, statement of victim under Sec. -161 Cr.P.C. and thereafter, under Sec. -164 Cr.P.C. was recorded but victim did not make any allegations against the present revisionists. On the contrary, she admitted that she had run away with Pawan Kumar willingly for marriage because she likes Pawan. During investigation, medical examination of victim was also conducted in which no opinion about sexual assault was given and CMO by certificate dtd. 4/4/2019 mentioned the age of victim Renu Devi as 19 year on the basis of radiological examination. Thereafter, police submitted charge-sheet dtd. 1/6/2019 against the co- accused, Pawan Raidas and involvement of revisionists was found to be false. It is also submitted that during investigation co-accused, Pawan as well as the victim Renu Devi and also the present revisionists had also approached this Hon'ble Court by way of Criminal Misc. Writ Petition No.7322 of 2019 challenging the FIR of Case Crime No.83 of 2019 registered at Police Station-Bindki, District-Fatehpur. In that writ petition, the victim Renu Devi had filed an affidavit stating therein that she willingly run away with Pawan and got married with him. On the basis of aforesaid affidavit of victim Renu Devi, writ petition was disposed of by order dtd. 15/3/2019 granting interim protection to all the petitioners including the present revisionists from arrest till submission of chargesheet.