Upendra vs State of U. P. - 2023 Supreme(All) 221

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 221

ARUN KUMAR SINGH DESHWAL
Upendra – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Revisionist : Ravikant Shukla.
For the Opposite Party : G.A., Manvendra Singh.

JUDGMENT :

1. Heard Sri Ravikant Shukla, learned counsel for the revisionists, Sri Manvendra Singh, learned counsel for the opposite party no.2 and learned AGA for the State.

2. By way of present revision, revisionists, who are two in numbers, have challenged the order dated 04.02.2023 passed by the learned Additional Sessions Judge/Special Judge (Rape and POCSO Act), Court No.1, Fatehpur in Special Sessions Trial No.101 of 2019, by which application of first informant (father of victim) under Section 319 Cr.P.C. was allowed and revisionists were summoned under Sections-506 and 376 D IPC read with Section-7/8 of Protection of Children From Sexual Offences, Act 2012 to face the trial.

3. Contention of learned counsel for the revisionists is that for the incident dated 25.02.2019, FIR was lodged on 06.03.2019 by the father of victim under Sections-363, 366 and 506 IPC in Case Crime No.83 of 2019 at Police Station-Bindki, District-Fatehpur, making allegations that co-accused, Pawan Raidas enticed away his 13 year daughter Renu Devi and present revisionists also helped him in the aforesaid crime. During investigation, statement of victim under Section-161 Cr.P.C. and thereafter, under Sec