K. J. THAKER, AJAI TYAGI
Dinesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal has been preferred by the informant against respondent No. 2 against his acquittal in S.T. No. 45 of 2015 (State vs. Nilendra @ Mithun) arising out of Case Crime No. 108 of 2013, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station- Dholna, District-Kasganj. The aforesaid judgment and order was passed by trial court on 03.09.2022, by which the respondent was acquitted of all charges.
2. Heard Shri Awadh Narian Rai, learned counsel for the appellant and Shri Patanjali Mishra, learned AGA.
3. The allegations are made against the respondent No. 2 by appellant/informant that on 02.06.2013 his daughter, aged about 15 years, was going to attend the marriage of her friend at about 12:00 noon. Respondent No. 2 along with others enticed away his daughter. This occurrence was seen by the son of the informant, who was going after them by cycle.
4. The aforesaid FIR was culminated into charge sheet and prosecution examined 9 witnesses in its support and filed documentary evidence also.
5. Before we embark on testimony and the judgment of the Court below, the contours for interfering in Criminal Appeals where accused has been held to be non guilty would requir
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