Acquittal of co-accused on identical charges and evidence mandates discharge of other accused to prevent abuse of process.

JUDGMENT :

Manjive Shukla, J.

1. Heard Sri Pratish Upadhyay, Advocate holding brief of Sri Kali Charan Yadav, learned counsel for the revisionists and learned A.G.A. appearing for the State.

2. The instant Criminal Revision arises out of an order dated 03.02.2024 passed by the learned Additional Sessions Judge/Special Judge (P.O.C.S.O. Act), Basti in Special Sessions Trial No. 2800039 of 2016 (State Vs. Mohit and Others) whereby, the revisionists' application filed under Section 227 Cr.P.C. for discharge had been rejected.

3. Facts of the case, in brief, are that an F.I.R. was lodged under Sections 363, 366 I.P.C. and Section 7/8 of P.O.C.S.O. Act in Police Station, Parasrampur, District Basti which was registered as Case Crime No. 554 of 2015. In the F.I.R., wife of Hamid Ali i.e. Safia alias Shafiqun Nisha, Mohid, Gyasuddin, Shariffuddin @ Babbu, Irshad, Mehsar, Samima, Taudeen, Bauhar and Gasili were named and it was alleged that they enticed Razia Khatoon and kidnapped her. The alleged victim, Razia Khatoon and others filed a Criminal Misc. Writ Petition No. 19293 of 2015 (Rajiya Khatoon and Others Vs. State of U.P. and Others), wherein Rajiya Khatoon claimed that she is major and is living with the main accused Taudeen and a Division Bench of this Court passed an order on 10.08.2015 whereby it was provided that the accused/petitioners shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. The police filed charge-sheet under Section 173 (2) Cr.P.C. and arrested the main accused Taudeen, Gyasuddin and Safia alias Shafiqun Nisha.

4. The police filed charge-sheet against the main accused, Taudeen under Sections 363, 366, 376, 120-B, 506 I.P.C. and under Section 3/4 of the P.O.C.S.O. Act and charge-sheet against the other accused including the present revisionists was filed under Sections 363, 366, 120-B, 506 I.P.C. and Section 16/7 of the P.O.C.S.O.Act.

5. The present revisionists, after filing of the aforesaid charge-sheet against them, filed a petition under Section 482 Cr.P.C bearing Crl. Misc. Application No. 22868 of 2016 (Shamima and Others Vs. State and Another) and this Court was pleased to pass an interim order on 01.08.2016 whereby it was provided that no coercive steps shall be taken against the applicants in Case Crime No. 554 of 2015.

6. Since Taudeen, Gyasuddin and Safia alias Shafiqun Nisha were already arrested, therefore sessions trial in respect of the said accused was separated and was numbered as Special Sessions Trial No. 1000066 of 2015 (State of U.P. Vs. Taudeen and two others) and in respect of other accused of Case Crime No. 554 of 2015, Special Sessions Trial was numbered as 2800039 of 2016 (State Vs. Mohid and Others). It is worth to note it down at this stage that the evidence collected by the police and the witnesses relied on are identical in both the aforesaid criminal trials.

7. The Special Sessions Trial No. 1000066 of 2015 (State of U.P. Vs. Taudeen and two Others) had been concluded and vide judgement and order dated 22.08.2023 passed by the learned Additional Sessions Judge/Special Judge (P.O.C.S.O. Act), Basti, the main accused of the Case Crime No. 554 of 2015 i.e. Taudeen and other two co-accused, who are identically placed to that of the present revisionists, have been acquitted from the charges levelled against them.

8. The trial court in its judgement and order dated 22.08.2023 had considered the testimonies of the alleged victim, her mother and other witnesses and found that none of the witnesses have supported the prosecution story and on that basis, had exonerated the main accused and other two accus