AKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant Criminal Revision has been preferred against the summoning order dtd. 23/6/2023 passed by learned Special Judge POCSO Act, Kasganj in Complaint Case No.23 of 2022, P.S. Patiyali, District Kasganj. Whereby the revisionist Nos.1 and 2 namely Akash and Pawan have been summoned to face trial for charge under Ss. 376 IPC readwith Sec. 18 of POCSO Act, and also summoned revisionist No.3 Ashok for charge under Ss. 504 and 506 IPC.

(2.) Heard Sri Ajay Kumar Vashistha, learned counsel for the revisionists, Sri Indra Kumar Singh, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

(3.) The factual matrix of the case in brief are that informant Asha Devi wife of Mahadev filed an application under Sec. 156(3) Cr.P.C. bearing date 12/1/2022 before the court of Special Judge, POCSO Act, with allegation that on 10/11/2021 at around 05:00 pm she was returning from the home of her sister-in-law (nanad) alongwith her minor daughter aged about 14 years. Accused Pawan, Akash and Ashok met her on the way on muddy road and asked her from where she was coming, as they are her co-villagers. When she stated that she was coming from the place of her sister-in-law accused Pawan offered a lift to her daughter with assurances that he would drop her at residence and placing reliance on his assurance, she permitted her daughter to company him on his motorcycle. The accused persons had stopped their motorcycle on muddy way, on way to her village they started grabbing her breasts and Akash dragged her and tried to take her beneath the culvert and broke the string of her pyjami. The witnesses Satish and Bhurey who were coming behind on a tractor reached the spot on hearing cries of her daughter. The accused persons threatened him with life by pointing a country made pistol to them and fled away from the place. When the applicant came to the place of Pawan to make a complaint, his father Ashok abused and threatened her with life, she went to police station to lodge an FIR on next day, but no action was taken.