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SHAMIM AHMED
Vishnu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amitabh Tripathi

JUDGMENT :

1. This revision is directed against the judgment and order dated 16.12.2019 passed by Vth Additional Sessions Judge/ Special Judge, POCSO Act, Basti dismissing Criminal Appeal No.53 filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘the Act’) and affirming the order dated 27.09.2019 passed by Juvenile Justice Board, Basti refusing the bail plea to the revisionist in Case Crime No. 86 of 2019, under Sections 376(D) IPC and Section 3/4 POCSO Act, Police Station Chhawani, District Basti.

2. Heard Shri Amitabh Tripathi, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

3. The prosecution case, as per the version of the FIR, is that on 13.4.2019 at about 6 p.m. in the evening the revisionist Vishnu along with co-accused Golu @ Deepak had committed rape with the daughter of the informant namely Angel aged about 4 years.

4. Learned counsel for the revisionist submits that the revisionist is innocent and he has been falsely implicated in the present case with ulterior motive. No such incident took place as alleged by the prosecution. The story as narrated in the first information report is

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