RAHUL YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal revision has been directed on behalf of petitioner Rahul Yadav @ Hari Kumar Yadav against the order dtd. 4/5/2022 passed by the learned Special Judge (POCSO), Chatra in Misc. Cr. Application No. 1086 of 2021 under Sec. 227 of the Code of Criminal Procedure (Hereinafter referred to as 'Cr.PC') in connection with POCSO Case No.30 of 2021 arising out of Gidhour P.S. Case No.01 of 2021 whereby and whereunder the learned court below had rejected the application for discharge of the petitioner accused.

(2.) The brief facts leading to this criminal revision are that informant had given a written information with the police station concerned with these allegations that his 15 years old minor daughter was missing from 1 O' clock of night of 13/1/2021 from his house. On 12/1/2021 at 10:30 all the family members had gone to sleep to their bed. All of sudden his daughter was not found on her bed. The search was also made of her. His minor daughter was studying in Class-Xth. One and half year ago a teacher of the school Rahul Yadav @ Hari Kumar Yadav who was having evil eye upon his daughter. Complaint of the same was made to the Manager of the school and the school management had removed him from the school even that, after he used to make effort to meet his daughter. With this utter belief that Rahul Yadav @ Hari Kumar Yadav alongwith his associates had kidnapped his daughter with intent to have illicit relation with her the report was lodged. On this written information case crime no.1 of 2021 was registered under Sec. 363, 366A of IPC against the accused Rahul Yadav @ Hari Kumar Yadav with the police station Gidhour District Chatra. During investigation the offence under sec. 302 r/w 201 was also made out from the evidence collected by the IO and accordingly both these Sec. were also added and the IO after having concluded the investigation filed F.R. against Rahul Yadav @ Hari Kumar Yadav for the offence under Sec. 363, 366(A), 302, 201, 376D, 34 of the Indian Penal Code and Sec. 4 of POCSO Act. The final report Form No.29 of 2021 on 20/4/2021 was filed against the petitioner Rahul Yadav @ Hari Kumar Yadav for lack of the evidence and the investigation against the rest of the accused Md. Sahjad, Md. Ajhar, Md. Sahabuddin was continued on other points in supplementary investigation.

(3.) Against the final report filed by the IO for lack of evidence against the petitioner Rahul Yadav @ Hari Kumar Yadav the learned trial court took cognizance vide order dtd. 23/4/2021 on the basis of the evidence collected by the IO for the offence under Sec. 12 of the POCSO Act.