TARIQ Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the instant criminal appeal filed under Sec. 374(2) Cr.P.C., the applicant has challenged the validity of the judgment and order dtd. 26/7/2018 passed by Sri Ram Suchit, the learned Additional Sessions Judge/ Special Judge, POCSO Act, Court No. 8, Sitapur in Special Sessions Trial No. 1 of 2016 arising out of Case Crime No. 268 of 2015, under Ss. 363, 366, 376 IPC and Sec. 3/4 POCSO Act, Police Station Sadarpur, District Sitapur.

(2.) The aforesaid case was instituted on the basis of a written complaint given by the informant on 15/11/2015 against three persons, including the appellant Tariq alias Lohiya and his two brothers Salim and Idris, stating that when the informant's daughter aged 16 years had gone out of her home at about 10 p.m. in the intervening night of 12/13/11/2015 for urinating, all the accused persons enticed her away. He kept on making enquiries about his daughter but he could not get any knowledge about her.

(3.) It is recorded in the case diary that the informant had come to the police station along with a written complaint on 15/11/2015 and upon this complaint, an FIR bearing Case Crime No. 268 of 2018 was lodged in Police Station Sadarpur, District Sitapur at 13:10 on 15/11/2015, under Ss. 363, 366 IPC.