Court No. - 51

Case :- GOVERNMENT APPEAL No. - 624 of 2018

Appellant :- State Of U.P.

Respondent :- Nand Lal Nishad

Counsel for Appellant :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard learned counsel appearing for the State on the application

seeking leave to appeal for filing an appeal against the judgment and

order dated 12.3.2018 by means of which accused respondent Nand

Lal Nishad has been acquitted of the offences under Sections 376D

IPC and 3(2)5 SC/ST Act and 5/6 POCSO Act and proceedings have

also been initiated against the first respondent Ashok Manjhi under

Section 344 Cr.P.C.

We have perused the judgment passed by the court concerned

by means of which accused respondent has been acquitted and also

heard learned AGA appearing for the State at length.

The record shows that PW-1 Ashok Manjhi himself has given

contradictory statement. He specifically says that “ehuk nsoh iRuh nsokuUn

us crk;k fd uUnyky o lwjt mldh yM+dh ds lkFk cykRdkj dj Hkkx jgs gSA bl

vk/kkj ij Fkkus ij fyf[kr rgjhj nh x;h ftl ij oknh us fu'kkuh vaxqBk dk igpku

fd;k vkSj izn'kZ d&1 Mkyk x;kA

bl lk{kh ls cpko i{k }kjk ftjg dh x;h] ftlesa dFku fd;k gS fd og

vfHk;qDr uUnyky vkSj lwjt }kjk