JUDGMENT :

Manoj Bajaj, J.

Applicants- Accused have filed this application under Section 482 Code of Criminal Procedure to challenge the order dated 05.12.2023 passed by Special Judge (POCSO Act)/Additional Sessions Judge, court no.8, Ballia in S.S.T. No.391 of 2018, titled State Vs. Arun @ Arun Kumar and others, arising out of case crime no.130 of 2018, under Sections 363, 366, 376, 504, 506 IPC and Section 3/4 of POCSO Act, Police Station Gadwar, District Ballia, whereby the application dated 13.09.2021 filed by the prosecution seeking alteration of charge has been allowed.

2. Learned counsel submits that the subject case was registered on the basis of the complaint given by Govind Kumar, wherein it was reported that his daughter has been enticed away by the accused persons, namely, Arun Kumar, Ranjeet, Krishna, Shanker, Ravishanker etc. He submits that after registration of the case, the investigation was carried out and the final report was filed on 13.10.2018, thereby sending the accused- Arun Kumar to face trial for the alleged commission of offence punishable under Sections 376 IPC etc., whereas the rest of the accused persons (applicants) were forwarded to face trial only for