10.04.2024 Savitri Ratho, J This application under Section 401 of the Code of Criminal Procedure has been filed with the following prayer:

“ That the petitioner prays that your lordship be graciously pleased to consider the facts stated in the petition and pass appropriate order in calling for the records from the court below and after hearing the counsels, set aside order dated 23.2.2024 and 28.2.2024 passed by the learned ADJ-CUM-Special Court under CRLREV No. 123 of 2024 Page 2 of 19 POCSO ACT, Cuttack in SPL GR case No. 28 of 2020 vide Annexure -1 series.

And pass appropriate order dropping the proceeding in respect of the petitioner in SPL GR case no. 28/2020 pending in the court of learned ADJ-CUM- Special Court under POCSO ACT, Cuttack.

And may further be pleased to pass any other order(s) or direction(s) as deem fit and proper in the facts and circumstances of the case;

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

But perusal of the two impugned orders reveal that both the orders have been passed by the learned Ad-hoc Addl. District and Sessions Judge, F.T.S.C.-II, Cuttack in Special G.R. Case No. 28 of 2020. Order dated 23.02.2024 has been passed rejecting the application of the petitioner to drop the proceeding against her and the order dated 28.02.2024 has been passed framing charge against the petitioner for commission of offences punishable under Sections 363, 366, 342, 328, 120-B of the IPC. 2. For purpose of deciding his Criminal Revision, I do not consider it necessary to bring on record the details of the prosecution allegations and only the portions relating to the petitioner have been CRLREV No. 123 of 2024 Page 3 of 19 referred to. The names of the victim as well as the CICL who is the main accused in the case are also not mentioned to protect their identity.

3. The prosecution allegation in brief is that FIR has been registered on 02.11.2019 at the Tangi Police Station, on the information of the father of the victim, against one CICL and one Hari Behera under Section 363, 34 of IPC stating that his daughter (the victim) aged about 16 years who had gone to College on 01.11.2019 did not return. On enquiry, he learned that she had gone with the CICL. When he went to the house of the CICL, his uncle Hari Behera did not co-operate for which he suspected that they had taken his daughter and kept her concealed.

4. The victim was rescued from Jammu on in the month of January 2020 and returned to her village being accompanied by her father. Her statement under Section – 164 Cr.P.C. was recorded where she has given details of the manner in which she was taken to Jammu and the role played by the present petitioner. She has interalia stated that on the date of occurrence at about 11.30 a.m. after attending College while she was standing in the local bus stand to return home, the present petitioner who happens to be a distant cousin of the CICL (main accused), enquired as to where she was going, she replied that she was going to Tangi. The petitioner said that she was also going to Tangi to CRLREV No. 123 of 2024 Page 4 of 19 her friend’s place and gave her prasad (Ladu) to eat and then called an auto rickshaw and said that both could go together. She went with the petitioner. On the way she felt dizzy. The petitioner attributed her condition to not taking food and asked her to go to sleep. She went to sleep and when she woke up, she found herself in a room with her hands and legs tied with ropes and three other girls were also lying there with their hands and legs tied with ropes. She saw