The court held that the trial court improperly dismissed the application to summon additional accused under Section 319 Cr.P.C. without adequate assessment of witness evidence, necessitating reevaluation.

JUDGMENT

Ram Manohar Narayan Mishra, J.

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

2. Notice has been served on respondent Nos.2 and 3 but none appeared on their behalf to contest the criminal revision.

3. Instant criminal revision has been preferred against the judgement and order dated 20.5.2023, passed by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Kannauj, in Sessions Trial No.793 of 2022 (State v. Indrapal and others), arising out of Case Crime NO.305 of 2022, under Sections 363 , 366, 376D(A), 323, 506 IPC and Section 5 G/6 of POCSO Act, Police Station Saurikh, District Kannauj, whereby the application 26-A moved by the informant/revisionist under Section 319 Cr.P.C. has been dismissed.

4. Factual matrix of the case in brief are that the revisionist lodged an FIR at police station Saurikh, Kannauj on 19.7.2022, on the basis of written report, stating therein that in the night of 18.7.2022, at around 9:00 PM, her daughter aged around 15 years was sleeping on the cot beside her in the house. The informant awoke in the night and found her daughter missing. She laid a search for her but could not found her. She believe that her daughter has been enticed away by her neighbour Rajan and in this incident, Boby Yadav, the brother of Rajan is also involved. She visited the place of Rajan Yadav and Boby Yadav and asked their father and family members that if her daughter is not restored to her, she would lodge a complaint at police station. At around 10:40 PM, she found that Rajan Yadav was standing while grabbing hand of her daughter near Rishibhumi Crossing and when he saw her, he escaped from the place leaving her daughter behind. She did not lodge FIR in the night but when her daughter narrated the incident to her, she came to lodge the FIR. The FIR was lodged against named accused persons namely, Rajan, Boby Yadav, son of Suresh Singh. The statement of victim was recorded under Section 161 Cr.P.C. by Investigating Officer, in which she stated that she is aged around 16 years and has studied up to Class VI. She was lying on the cot beside her mother in the night of 18.7.2022, Indrapal Yadav called her around 9:00 PM by way of gestures. She went with him around 9:00 PM. He took her by getting her sit on motorcycle at a place where Rajan and Kallu were present in a vehicle. They were trying to take her to somewhere else by forcefully getting her sit in the vehicle. She got frightened and cried. Her family members reached their in the meanwhile alongwith police. Three persons namely, Indrapal, Kallu Rajan left her at Rishbhumi Crossing noticing the police and her family members. However, in her statement under Section 164 Cr.P.C. recorded before Magistrate, the victim stated that she is of 15 years of age. She is able to read and write in Hindi. Boby Yadav is her neighbour, who would often tease her and threatened her that if she would not come to him, he would finish her brother prior to 15 days of this incident, Boby Yadav was teasing and speaking filthy things to her alongwith his friends whereupon she had removed her chappal and rebuked him. He threatened her that he would get her kidnapped from her home. In the night of 18.7.2022, her family members were sleeping. She was also sleeping beside her mother in the house. Cooler was on. Some person appeared and pressed some cloth on her