Rajesh Singh Rathore vs State Of U.P

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 683

IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Subhash Vidyarthi,J.
Rajesh Singh Rathore – Appellant
Versus
State Of U.P – Respondent

Advocates:
Petitioner: Kapil Dev Srivastava , Anita , Ashish Kumar Singh , Pal Singh Yadav , Prathama Singh , Rajeev Prakash Anand , Sandeep Kumar Srivastava , Sharad Dixit and Shivam Gupta
Respondent: G.A.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Shri Pal Singh Yadav, the learned counsel for the appellant and Shri Mohd. Asif Khan, the learned AGA-I for the State.

2. By means of the instant appeal filed under Section 374 Cr.P.C., the appellant has challenged the validity of a judgment and order dated 05.04.2018 passed by the Special Judge, POCSO Act/Additional District and Sessions Judge, Court No.8, Lucknow in Session Trial No.869 of 2015 titled State v. Rajesh Singh Rathore arising out of Case Crime No.259 of 2015 under Section 376 IPC and 5/6 of POCSO Act registered at Police Station-Krishna Nagar, District- Lucknow.

3. The aforesaid case was instituted on the basis of an FIR lodged on the basis of a written complaint given by the appellant's wife on 20.07.2015 stating that the appellant had repetitively committed the misdeed against her daughter aged 9 years. The daughter had informed her that the appellant commits penetrative intercourse and bites on her private parts.

4. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that her father (the appellant) used to insert his finger in her vagina. She stated that blood was coming out of her vagina while urinati