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2023 Supreme(All) 1506

RAM MANOHAR NARAYAN MISHRA
Saleem Khan @ Saleem Master – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ganesh Shanker Srivastava

JUDGMENT :

1. Heard learned counsel for the revisionists, learned AGA for the State and perused the material placed on record.

2. Despite service of notice, none appeared on behalf of the opposite party No.2.

3. Instant criminal revision has been preferred against the impugned judgment and order dated 16.9.2020, passed by learned Additional District and Session Judge/Special Judge (POCSO Act), Bulandshahr in Special Session Trial No.1493 of 2020, arising out of Case Crime No.236 of 2020, under Section 316, 120-B IPC and 16/17 POCSO Act, Police Station Khurja Dehat, District Bulandshahar.

4. As both the criminal revisions have arising out of same impugned order passed by Special Judge (POCSO Act), Bulandshahr, hence, both the revisions are being disposed of by this common judgment.

5. The factual matrix relevant for the present criminal revisions, in brief, are that first information report in present case was lodged at the instance of prosecutrix at police station concerned at 15:26 hours, stating that her date of birth is 14.5.2002. She visited the place of her phupi (bua) situated at Village Bhatwara, Police Station Khurja Dehat, District Bulandshahr in year 2019 where accused Aakil,

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