BHARAT LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Krishna Murari Tripathi, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.

(2.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Special Sessions Trial No. 38 of 2015 arising out of Case Crime No. 356 of 2014 under Sections 363, 366-A, 376 I.P.C. and 3/4 of P.O.C.S.O. Act, P.S., Myorepur, District Sonbhadra.

(3.) Learned counsel for the applicant has argued that O.P. No.2 has falsely implicated the accused applicant in the present case. The victim who is daughter of O.P. No.2 has not supported the prosecution version before the trial court where she has been examined as P.W.2, hence this is nothing but malicious prosecution of the accused applicant. He has also drawn attention of this Court towards the order dated 2.09.2014 passed in Writ C No. 41734 of 2014 in which at page no. 23 of the paper book, it is recorded that in Ossification Test, the age of the victim was found to be 19 years, hence, she was major on the date of occurrence.