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2021 Supreme(SC) 609

Manoj Mishra @ Chhotkau – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Anoop Prakash Awasthi, AOR
For the Respondent(s): Mr. Parmanand Pandey, AOR Mr. Utkarsh Pandey, Adv.

JUDGMENT :

A.S. BOPANNA, J.

1. The appellant is before this Court assailing the judgment dated 14.03.2018 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No. 1102/2017. Through the said judgment, the High Court has dismissed the appeal and confirmed the conviction and sentence ordered to the appellant by the Additional Sessions Court and Special Judge POCSO Act, Bahraich in C.C. No. 18/2014. The appellant herein was arrayed as Accused No. 4 in the said case.

2. The brief facts leading to the conviction and sentence of the appellant is that the father of the prosecutrix filed a written report dated 09.08.2013 at 22:35 hours before the police alleging therein that one Ramasre alias Siri had enticed his daughter aged about 14 years on 02.08.2013 and had taken her away. In the said complaint, it was further alleged that Raksharam, Nangodiya and Manoj Kumar alias Chhotkau i.e. the appellant herein had cooperated with him in the alleged incident. An FIR was lodged in Crime No. 625/2013 under Sections 363 and 366 IPC. The prosecutrix was found by the police along with Ramasre alias Siri. She was brought back and subjected to medical examination. The case

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