NEELAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Arvind Kumar Srivastava, the learned counsel for the applicants, Shri Akhilesh Kumar Mishra, the learned counsel appearing for respondent no.2 and Shri Mohd. Afzal, the learned counsel for the State and perused the record.

(2.) The present application has been filed by the applicants challenging the order dtd. 16/10/2025, passed by the Additional Sessions Judge/Special Judge (POCSO) Act, Sant Kabir Nagar in S.S.T. No.0071 of 2018 (State of U.P. vs. Neelam), on an application preferred by the accused applicants under Sec. 348 of BNSS praying herein to recall the victim/PW- 2/opposite party no.3 for further cross examination.

(3.) The brief facts of the case are to the effect that a first information report was lodged by the informant/opposite party no.2 on 21/12/2017 in respect of incident dated 15.12.20217, bearing Case crime no.1888 of 2017, under Sec. 363, 366, 120B IPC and Sec. 7/8 POCSO Act, Police Station Bakhira, District Sant Kabir Nagar. The Investigating Officer after due investigation submitted chargesheet in this case on 27/1/2018, under Sec. 363, 366, 120B IPC and Sec. 16/17 POCSO Act and once the statement of the victim was recorded under Ss. 161 and 164 Cr.P.C. the trial court took cognizance of offence and during the course of trial charges were framed. The accused pleaded not guilty and claimed to be tried.