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2016 Supreme(All) 2777

VIJAY LAKSHMI
Rajesh Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Vinod Kumar Singh Kushwah,Uday Narain Singh
For the Respondent: G.A.

JUDGMENT

Mrs. Vijay Lakshmi,J.

Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records.

This revision has been preferred against the judgment and order dated 30.6.2016, passed by the Additional Sessions Judge, Court No.1, Chandauli in Sessions Trial No.15/2015, State Vs. Lalta @ Pintu Yadav &Ors, arising out of Case Crime No.44/2015, under Sections 363,366,376-Gha,323 I.P.C. and Section 4 of POCSO Act, whereby the learned trial court has allowed the application moved by the O.P. No.2, under Section 319 Cr.P.C. and has summoned the revisionist to face trial along with the co-accused Sonu Yadav.

Learned counsel for the revisionist has submitted that the learned court below has passed the impugned order in an unjust, improper and arbitrary manner without any application of mind, the revisionist has not committed the alleged crime. It is further submitted that the prosecutrix was having wilful illicit relations with main accused Lalta @ Pintu Yadav since long and she was pregnant on the date when the first information report was lodged. With a desire to live with Lalta @ Pintu Yadav, she had gone to Cantt.Station for going to Rajasthan, where on the Ra















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