1

Reserved on 04.04.2022

Delivered on 31.05.2022

A.F.R.

Court No. - 49

Case :- JAIL APPEAL No. - 153 of 2021

Appellant :- Sonu

Respondent :- State of U.P.

Counsel for Appellant :- From Jail,Rahul Jain

Counsel for Respondent :- A.G.A.

Hon'ble Suneet Kumar,J.

Hon'ble Umesh Chandra Sharma,J.

(Delivered by Hon’ble Umesh Chandra Sharma,J.)

1. The appeal has been preferred against the conviction and

sentence of the appellant Sonu S/o Late Phool Chand, under

Section 363, 366, 376D I.P.C. & Section 5/6 of POCSO Act in

Session Trial No. 8/2018 in Case Crime No. 111/2017, P.S.

Kotwali, District Vindhyachal, U.P. By Special Judge POCSO Act /

Additional Sessions Judge, Mirzapur on 14.10.2020.

2.The grounds of appeal are that there was no evidence on record

to prove the alleged incident. No one had seen Sonu along with

the victim on the date and time of incident. Though, it is stated

that the victim was kidnapped at about 10:00 A.M from the

nearby market place, no eye-witness saw the occurrence in day

light makes the allegation improbable. No witness, neither father

nor mother of the victim were aware about the date-of-birth of

the victim as to whether at