JUDGMENT :

In Re:-Criminal Misc. (Leave to Appeal) Application No. 90 of 2021, under Section 378 (3) Cr.PC.

1. We have heard learned A.G.A and have perused the leave application, the grounds of appeal and the judgment of the court below.

2. The application seeking the leave to appeal against the common judgment and order of acquittal dated 2.12.2020 passed by the Additional District and Sessions Judge/Special Judge POCSO Act, [Prevention of Children from Sexual Offences Act, 2012] 2012, Court no. 2, Varanasi in Special Sessions Trial No 96 of 2014 (State of U.P. v. Rahul Chaube and 2 others), under Sections 363, 366, 376A, 506, 342, 386 Indian Penal Code (in short 'I.P.C.') and under sections 4, 16, 17 of the POCSO Act, 2012 and Special Sessions Trial No. 67 of 2014 (State v. Sanjay Chaube), under Sections 363, 366, 506, 342, 386 I.P.C. and under Sections 16, 17 of the POCSO Act, 2012, arising out of case crime no. 173 of 2014, Police Station Lanka, District Varanasi, has been filed on behalf of the State (the appellant).

3. The accused-respondents Rahul Chaube, Smt. Reeta Chaube and Shiv Dutt Tiwari were sent for trial on the charges under Sections 363, 366, 376A, 506, 342, 386 I.P.C.