STATE OF U P Vs. JITENDRA KUMAR YADAV

JUDGEMENT

(1.) This application by the State of U.P. under Section 378 (3) of the Code of Criminal Procedure has been filed with the prayer to grant leave to appeal against the judgment and order dated 18.07.2019 rendered by the learned Additional Sessions Judge, FTC-Ist, in Sessions Trial No. 4/2007 which arose out of Case Crime No. 32/2006, under Sections 363, 366, 376 I.P.C., Police Station Ahirauli, District Ambedkar Nagar, whereby the respondent-accused-Jitendra Kumar Yadav has been acquitted of the charges under Sections 363, 366, 376 of the I.P.C.

(2.) In brief, the facts of the case are that the informant-Ram Tej Verma lodged an First Information Report on 01.05.2006 at Police Station Ahirauli, District Ambedkar Nagar with the assertion that his daughter (hereinafter referred to as the 'victim') was student of Class-11 in Jhinka Devi Balika Inter College, Fattepur, Belabagh, who at 06.30 a.m. on 21.04.2006 had gone to attend her school, however, she had not come back and accordingly the informant made all endeavours to trace her and further that his daughter had been enticed away by the accused-Jitendra Kumar Yadav son of Tribhuwan Yadav who is resident of his village. In the F.I.R., it was also stated that that Raja Ram Verma and Brij Lal Verma and others had seen the victim being taken away by the accused.

(3.) On the basis of said F.I.R., Case Crime No. 32 of 2006, under Sections 363, 366, 376, I.P.C., at Police Station Ahirauli, District Ambedkar Nagar was registered and after investigation a charge sheet was submitted against the accused-Jitendra Kumar Yadav, under Sections 363, 366, 376, I.P.C. The Chief Judicial Magistrate, Ambedkar Nagar took cognizance and summoned the accused. On appearance of the accused, the case was committed to the sessions court. Charges against the accused were framed under Sections 363, 366, 376, I.P.C. who pleaded not guilty to the charges and claimed trial. Accordingly, the trial commenced.