BHURE SINGH CHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is by the informant challenging the judgment of acquittal dtd. 7/12/2023, passed by the court below in P.S.T. No.156 of 2022 (State Vs. Bhura @ Vimal and Ors.), arising out of Case Crime No.421 of 2021, under Ss. 376, 323, 504, 506 IPC and Sec. 3/4 POCSO Act, Police Station Rasoolpur, District Firozabad.

(2.) Informant is the father of the victim, who has given a written report on 26/10/2021 stating that he works in different district in order to take care of his family. His family is living in the house of one Shivraj Katheria for the last two and a half years. Accused lives in front of the informant's house. It is alleged that victim is sixteen years old and was being harassed by the accused, who also extended life threats to her. Victim was also threatend not to report the incident. On 24/10/2021 when he returned home the victim informed all such facts whereafter the informant made a protest to the father of the accused, who started misbehaving with the informant and bricks etc were thrown on their house. Police was called whereafter accused persons fled. It is stated that accused persons are influential persons and pressure was being exerted on the victim to marry the accused on the ground that a video has also been prepared. On such allegations Case Crime No.421 of 2021 was registered under Ss. 354, 323, 336, 504, 506 IPC and Sec. 7/8 POCSO Act. The statement of victim was recorded under Sec. 161 and 164 Cr.P.C. whereafter Ss. 354,336 IPC read with Sec. 7/8 POCSO Act was deleted and Sec. 376 IPC and Sec. 3/4 POCSO Act was added. Court took cognizance of the matter and also framed charges under Ss. 376, 323, 504, 506, 427 IPC read with Sec. 3/4 POCSO Act. The accused persons denied the accusations and demanded trial.

(3.) In addition to various documentary evidence which would be referred to later the prosecution has produced the informant as PW-1; victim as PW-2. PW3 is Smt. Nisha, who is the mother of the victim. PW-4 and PW-5 are doctors, who have medically examined the victim and have determined her age etc. PW-6 is the Investigating Officer. Principal of Dau Dayal Girls Inter College, Firozabad has also been produced as PW-7 for proving the minority of the victim.