VICTIM-A Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the instant petition under Sec. 397/401 of Cr.P.C. being aggrieved by the order dated 31/07/2021 whereby the learned Additional Sessions Judge, Naugaon, District-Chhatarpur has discharged the respondent Nos.2 and 3 from the offences punishable under Ss. 376, 294, 324, 506/34 and 109 of the IPC as well as Sec. 3/4 of POCSO Act.

(2.) The brief facts of the case are that on 04.11.2020, the petitioner/victim-A lodged the Dehati Nalshi stating therein that 8 to 9 months ago, the respondent No.4. i.e. Ankit Kushwaha who is cousin of petitioner/victim, committed sexual intercourse with her forcibly which resulted into her pregnancy. She delivered a baby girl on 04.11.2020. On the basis of said report, police registered the FIR of Crime No.282/2020. During investigation, a supplementary statement under Sec. 161 of Cr.P.C. as well as statement under Sec. 164 of Cr.P.C. of petitioner/victim were also recorded wherein she made certain allegations against the other respondents.

(3.) Further, the police inquired the matter and filed the charge-sheet before the competent Court of Law against all the respondents for the aforesaid offences. By way of passing the impugned order dated 31/07/2021, the learned ASJ did not find any ground to frame the charge against the respondent Nos.2 and 3 whereas he found sufficient material to frame the charges against the respondent Nos.4 and 5.