PRADUM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Alok Srivastava, learned counsel for the applicant, Shri Rajnish Kumar Verma, learned A.G.A., however, no one has appeared on behalf of the informant/ complainant.

(2.) As per learned counsel for the applicant, the present applicant is in jail since 31/3/2022 in Case Crime No.56 of 2022, under Ss. 376AB, 506 IPC and Sec. 5/6 of Ptotection of Children from Sexual Offences (POCSO) Act, 2012, Police Station- Asiwan, District- Unnao.

(3.) Learned counsel for the applicant has further submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per prosecution story so narrated in the FIR, the present applicant has made oral sex with the daughter of the complainant/informant, who is aged about ten years. As per FIR, the present applicant, who is the neighbour of the informant/complainant, in the evening at 9:30 P.M. when informant/complainant was with her husband, the applicant came and asked that his mother is calling the prosecutrix/victim and after a lapse of time, the complainant along with her husband went for search of their daughter. While searching, they heard some sound coming from kothari of kanda and bhusa. They found that the cloths of the child were not on her body and the applicant was also not wearing cloths. After wearing cloths the child told that the present applicant has made oral sex with her and penetrated the penis in her way of urine.