ALOK MATHUR
Mamta Kumari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ashish Raman Mishra, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The revisionist has assailed the order dated 18.03.2021, passed by the Additional Sessions Judge/Special Judge (POCSO), Bahraich in Special Sessions Case No. 36 of 2016 -State Vs. Ajay Kumar, arising out of Case Crime No. 58 of 2016, under Section 376 of the Indian Penal Code (I.P.C). and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), Police Station -Jarwal Road, District -Bahraich, whereby the application preferred by the revisionist/prosecutrix under Section 311 Cr.P.C. for re-recording her statement has been rejected.
3. It has been submitted by the Counsel for the revisionist that a first information report was lodged on 13.01.2016, under Section 376 I.P.C. and Sections 3/4 of POCSO Act against one Ajay Kumar S/o Peshkar, R/o Tapesipah, Police Station -Jarwal Road, District - Bahraich, alleging that the said accused had sexually assaulted the prosecutrix when she had gone to the fields to ease herself in the morning. Investigation was c
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