DILEEP PASHWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Kumar, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire criminal proceedings of Criminal Complaint Case No. 39 of 2022 (Prabhu Pashwan vs. Dileep and others), arising out of Case Crime No. 132 of 2019 u/S 323, 376 I.P.C. and Sec. 3/4 POCSO Act, P.S.- Khorabar, District- Gorakhpur, pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act, Court- 1, District- Gorakhpur.

(3.) As per the allegations made in the F.I.R., the brief facts of the case are that the opposite party no.2 has stated that his daughter was raped at about 9:30 P.M. on 21/2/2019 by the accused persons/applicants and two other unknown persons. The brief story as set-out in the F.I.R. is that the opposite party no.2, his daughter and his entire family members were supposed to go towards Madari Pahar, Nepal, on 21/2/2019. All were supposed to go by tourist bus. The bus had arrived in front of their house on 8:30 P.M. and all of them sat on the bus. Then, the daughter of the opposite party no.2 went to attend the nature's call at the toilet, situated behind the house. When after sometime she did not return then they went to look after her and when they reached toward the toilet to see his daughter, she was not there. Then, they started the search of their daughter then after sometime, the daughter was found unconscious near the Turra Nala (Turra Drainage). She was brought back in the house when after sometime she became conscious then she told that four boys have forcibly taken her towards the Turra Nala (Drainage) and out of these four, three were holding the entire body of the victim and the one Dileep Pashwan, had raped her. Whenever she was trying to cry and sound they closed her mouth and beaten her. Out of those four persons, she had identified two persons only and one was Dileep Pashwan and another was Manjesh Pashwan. The two other persons could not be identified.